DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,541

SOUTH INDIANA LUMBER COMPANY, INC.
LIBERTY, KENTUCKY

Notice of Negative Determination
on Reconsideration

On August 3, 2007, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on August 14, 2007 (72 FR
45450).
The petition for the workers of South Indiana Lumber
Company, Inc., Liberty, Kentucky engaged in production of
furniture blanks, stair balusters, and handle blanks was denied
because the “contributed importantly” group eligibility
requirement of Section 222 of the Trade Act of 1974, as amended,
was not met. The subject firm did not import furniture blanks,
stair balusters, and handle blanks nor did it shift production to
a foreign country during the relevant period. The “contributed
importantly” test is generally demonstrated through a survey of
the workers’ firm’s customers. The survey revealed no imports of
furniture blanks, stair balusters, and handle blanks during the
relevant period.
The petitioners filed a request for reconsideration and
requested that workers of South Indiana Lumber Company, Inc.,
Liberty, Kentucky be considered eligible for TAA as a secondary
affected company. The petitioner provided the names of two TAA
certified companies to which the subject firm allegedly supplied
products during the relevant time period.
A company official was contacted to verify whether the
subject firm supplied furniture blanks, stair balusters, and
handle blanks to the companies provided by the petitioner. The
company official stated that South Indiana Lumber Company, Inc.,
Liberty, Kentucky did not sell to these TAA certified facilities
and that these specific facilities were not customers of the
subject firm during the relevant time period. The Department
conducted a further investigation and determined that none of the
direct customers of the subject firm were certified eligible for
TAA during the relevant time period.
Furthermore, the Department requested an additional list of
customers from the subject firm and conducted a new customer
survey regarding their purchases of furniture blanks, stair
balusters, and handle blanks in 2005, 2006 and January through
May of 2007 over the corresponding 2006 period. This survey
revealed no imports of furniture blanks, stair balusters, and
handle blanks during the relevant time period.

Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of South
Indiana Lumber Company, Inc., Liberty, Kentucky.

Signed at Washington, D.C. this 29th day of August, 2007.

/s/ Elliott S. Kushner

ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,541

SOUTH INDIANA LUMBER COMPANY, INC.
LIBERTY, KENTUCKY

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on May 18, 2007, in response
to a petition filed on behalf workers of South Indiana Lumber
Company, Inc., Liberty, Kentucky. Workers at the subject firm
manufacture furniture blanks, stair balusters, and handle blanks.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import furniture blanks, stair
balusters, and handle blanks in 2005, 2006, or during the period of
January through May 2007.
Furthermore, the subject firm did not shift the production of
furniture blanks, stair balusters, and handle blanks abroad in
2005, 2006, or in January through May 2007.
The United States Department of Labor surveyed the subject
firm’s sole customer regarding its purchases of furniture blanks,
stair balusters, and handle blanks in 2005, 2006, and January
through May 2007. The survey revealed no imports of furniture
blanks, stair balusters, or handle blanks during the relevant
period.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of South Indiana Lumber
Company, Inc., Liberty, Kentucky, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C. this 25th day of June 2007


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance









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