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TAW-62230  /  Collins Products, LLC (Klamath Falls, OR)

Petitioner Type: Union
Impact Date: 10/01/2006
Filed Date: 10/02/2007
Most Recent Update: 11/08/2007
Determination Date: 11/08/2007
Expiration Date: 11/08/2009


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,230

COLLINS PRODUCTS, LLC
KLAMATH FALLS, OREGON

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 October 1, 2007 in response
to a petition filed by the International Association of Machinists
and Aerospace Workers/Woodworkers Local W12 on behalf of workers of
Collins Products, LLC, Klamath, Oregon. Workers at the subject
firm produce particle board and hardboard siding and are separately
identifiable by these two products.
With regard to workers producing hardboard siding, the
investigation revealed that criteria I.C and II.B have not been
met.
The investigation revealed that there was no production shift
of hardboard siding to a foreign country.
A survey conducted by the Department of Labor revealed that
major declining customers did not import hardboard siding in 2005,
2006 and in January through September 2007.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements of
paragraph (b) of Section 222 of the Trade Act, as amended, must be
met. It is determined in the case of the worker group producing
particle board, that the requirements of (b) of Section 222, as
amended, have been met.
Particle board produced at the subject firm was sold to a
firm which used it as a component in the manufacture of
furniture. Workers at that firm were determined to be trade
impacted and have independently met the statutory criteria for
trade adjustment assistance. The loss of business with that
customer was significant and contributed to separations of
workers producing particle board at the subject firm.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in the case of the worker group producing particle
board that the 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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the relevant worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers producing hardboard siding at the
subject firm are denied eligibility to apply for TAA, these
workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers producing particle board at
Collins Products, LLC, Klamath Falls, Oregon qualify as adversely
affected secondary workers under Section 222 of the Trade Act of
1974, as amended. In accordance with the provisions of the Act, I
make the following certification:
"All workers producing particle board at Collins Products,
LLC, Klamath Falls, Oregon who became totally or partially
separated from employment on or after October 1, 2006, through
two years from the date of certification are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."



I further determine that workers of Collins Products, LLC,
Klamath Falls, Oregon engaged in employment related to the
production of hardboard siding are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and are denied eligibility to apply for alternative trade adjust-
ment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C., this 8th day of November 2007
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance