Petitioner Type: Workers
Impact Date: 06/19/2006
Filed Date: 06/21/2007
Most Recent Update: 06/29/2007
Determination Date: 06/29/2007
Expiration Date: 02/11/2010
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,721
OREGON CUTTING SYSTEMS GROUP
A WHOLLY OWNED SUBSIDIARY OF BLOUNT INC.
WAREHOUSE
CLACKAMAS, OREGON
Notice of Revised Determination
on Reconsideration
On August 31, 2007, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of Oregon Cutting Systems Group, a
wholly owned subsidiary of Blount, Inc., Warehouse, Clackamas,
Oregon (the subject facility). The Department’s Notice of
affirmative determination was published in the Federal Register
on September 11, 2007 (72 FR 51846).
The negative determination regarding workers’ eligibility to
apply for Trade Adjustment Assistance (TAA) and Alternative Trade
Adjustment Assistance (ATAA) was issued on June 29, 2007, and the
Notice of determination was published in the Federal Register on
July 19, 2007 (72 FR 39644). The determination stated that the
subject workers performed warehousing activities related to the
production of chainsaw chains, bars, and sprockets, and that the
production that the workers supported had shifted to country that
is neither a party to a free trade agreement with the United
States nor a beneficiary under either the African Growth and
Opportunity Act or the Caribbean Basin Economic Recovery Act.
The request for reconsideration alleged that the subject
workers not only supported the production but also produced
chainsaw chains, bars, and sprockets at the subject facility.
The subject facility ceased to operate in March 2007.
During the reconsideration investigation, the Department
received information confirming that the subject facility is a
warehouse and that the subject workers produced neither chainsaw
chains, bars, nor sprockets.
New information obtained during the investigation revealed
that the subject facility supported production at domestic,
affiliated facilities whose production declined during 2006
(compared to 2005 levels) and during 2007 (compared to 2006
levels), and that the subject firm’s reliance on foreign-produced
chainsaw chains, bars, and sprockets increased during the period
of decreased domestic production.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department herein presents the results of
its investigation regarding certification of eligibility to apply
for ATAA.
The Department has determined in this case that the group
eligibility requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the information obtained in the
reconsideration investigation, I determine that the subject
workers’ separations were caused by the decreased need of their
services due to increased imports of articles like or directly
competitive with those produced at an affiliated domestic
facility that the workers supported.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Oregon Cutting Systems Group, a wholly owned
subsidiary of Blount, Inc., Warehouse, Clackamas, Oregon,
who became totally or partially separated from employment on
or after June 19, 2006, through two years from the date of
this certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed at Washington, D.C. this 11th day of February 2008
/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-61,721
OREGON CUTTING SYSTEMS GROUP
A WHOLLY OWNED SUBSIDIARY OF BLOUNT INC.
WAREHOUSE
CLACKAMAS, OREGON
Negative Determination 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 June 21, 2007 in response
to a petition filed by on behalf of workers of Oregon Cutting
Systems Group, a wholly owned subsidiary of Blount Inc., Warehouse,
Clackamas, Oregon. The workers at the subject facility performed
warehousing activities related to the production of chainsaw chain,
bars, and sprockets.
Workers of the subject facility were recently denied
eligibility to apply for alternative trade adjustment assistance on
May 15, 2007, under TA-W-61,322.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the facts obtained in the
previous investigation have not changed. The subject firm does
support the domestic production of chainsaw chain, bars, and
sprockets, and production is shifting to a foreign country.
However, this country is not party to a free trade agreement with
the United States, nor is it a beneficiary country under either the
African Growth and Opportunity Act or the Caribbean Basin Economic
Recovery Act. Additionally, the production that is shifting abroad
is not imported, and is not likely to be imported, into the United
States market.
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 facts obtained in the investigation, I
determine that all workers of Oregon Cutting Systems Group, a
wholly owned subsidiary of Blount Inc., Warehouse, Clackamas,
Oregon 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, as amended.
Signed in Washington, D.C. this 29th day of June, 2007
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-61,721
OREGON CUTTING SYSTEMS GROUP
A WHOLLY OWNED SUBSIDIARY OF BLOUNT INC.
WAREHOUSE
CLACKAMAS, OREGON
Notice of Revised Determination
on Reconsideration
On August 31, 2007, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of Oregon Cutting Systems Group, a
wholly owned subsidiary of Blount, Inc., Warehouse, Clackamas,
Oregon (the subject facility). The Department’s Notice of
affirmative determination was published in the Federal Register
on September 11, 2007 (72 FR 51846).
The negative determination regarding workers’ eligibility to
apply for Trade Adjustment Assistance (TAA) and Alternative Trade
Adjustment Assistance (ATAA) was issued on June 29, 2007, and the
Notice of determination was published in the Federal Register on
July 19, 2007 (72 FR 39644). The determination stated that the
subject workers performed warehousing activities related to the
production of chainsaw chains, bars, and sprockets, and that the
production that the workers supported had shifted to country that
is neither a party to a free trade agreement with the United
States nor a beneficiary under either the African Growth and
Opportunity Act or the Caribbean Basin Economic Recovery Act.
The request for reconsideration alleged that the subject
workers not only supported the production but also produced
chainsaw chains, bars, and sprockets at the subject facility.
The subject facility ceased to operate in March 2007.
During the reconsideration investigation, the Department
received information confirming that the subject facility is a
warehouse and that the subject workers produced neither chainsaw
chains, bars, nor sprockets.
New information obtained during the investigation revealed
that the subject facility supported production at domestic,
affiliated facilities whose production declined during 2006
(compared to 2005 levels) and during 2007 (compared to 2006
levels), and that the subject firm’s reliance on foreign-produced
chainsaw chains, bars, and sprockets increased during the period
of decreased domestic production.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department herein presents the results of
its investigation regarding certification of eligibility to apply
for ATAA.
The Department has determined in this case that the group
eligibility requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the information obtained in the
reconsideration investigation, I determine that the subject
workers’ separations were caused by the decreased need of their
services due to increased imports of articles like or directly
competitive with those produced at an affiliated domestic
facility that the workers supported.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Oregon Cutting Systems Group, a wholly owned
subsidiary of Blount, Inc., Warehouse, Clackamas, Oregon,
who became totally or partially separated from employment on
or after June 19, 2006, through two years from the date of
this certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed at Washington, D.C. this 11th day of February 2008
/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-61,721
OREGON CUTTING SYSTEMS GROUP
A WHOLLY OWNED SUBSIDIARY OF BLOUNT INC.
WAREHOUSE
CLACKAMAS, OREGON
Negative Determination 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 June 21, 2007 in response
to a petition filed by on behalf of workers of Oregon Cutting
Systems Group, a wholly owned subsidiary of Blount Inc., Warehouse,
Clackamas, Oregon. The workers at the subject facility performed
warehousing activities related to the production of chainsaw chain,
bars, and sprockets.
Workers of the subject facility were recently denied
eligibility to apply for alternative trade adjustment assistance on
May 15, 2007, under TA-W-61,322.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the facts obtained in the
previous investigation have not changed. The subject firm does
support the domestic production of chainsaw chain, bars, and
sprockets, and production is shifting to a foreign country.
However, this country is not party to a free trade agreement with
the United States, nor is it a beneficiary country under either the
African Growth and Opportunity Act or the Caribbean Basin Economic
Recovery Act. Additionally, the production that is shifting abroad
is not imported, and is not likely to be imported, into the United
States market.
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 facts obtained in the investigation, I
determine that all workers of Oregon Cutting Systems Group, a
wholly owned subsidiary of Blount Inc., Warehouse, Clackamas,
Oregon 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, as amended.
Signed in Washington, D.C. this 29th day of June, 2007
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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