DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,614

WEYERHAEUSER GREEN MOUNTAIN LUMBER MILL
TOUTLE, WASHINGTON


Notice of Negative Determination
on Reconsideration

On February 29, 2008, the Department of Labor (Department)
issued an Affirmative Determination Regarding Application for
Reconsideration regarding workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA) applicable to workers and former workers of
Weyerhaeuser Green Mountain Lumber Mill, Toutle, Washington (the
subject firm). The Department’s Notice of affirmative
determination regarding the request for reconsideration was
published in the Federal Register on March 7, 2007 (73 FR 12463).
Workers produce rough sawn softwood dimensional lumber.
The initial negative determination was based on the
Department’s findings that sales and production at the subject
firm remained stable during the relevant period compared to
previous year; the subject firm did not shift production to a
foreign country; and the subject firm did not import articles
like or directly competitive with the lumber produced by the
subject workers. The determination also stated that the
predominant cause of worker separations is related to the
transfer of production to another, domestic, affiliated facility.
In the request for reconsideration, dated February 28, 2008,
the IAM Woodworkers Local W536 (the Union) alleged that increased
imports by Weyerhaeuser Corporation of articles like or directly
competitive with softwood dimensional lumber produced at the
subject firm contributed importantly to the workers’ separations
(“Weyerhaeuser Corporation is the largest producer of softwood
dimensional lumber in the United States with significant
production facilities in Canada and worldwide”).
To be certified for TAA on the basis of increased imports,
the petitioning worker group must meet the criteria set forth
under Section 223(a)(2)(A) of the Trade Act of 1974:
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; and

B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and

C. increases of 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.

After careful review of previously-submitted information,
the Department determines that Section 223(a)(2)(A)(A) and
Section 223(a)(2)(A)(B) were met. Accordingly, the Department’s
reconsideration investigation focused on whether the petitioning
worker group satisfied Section 223(a)(2)(A)(C).
Under 29 CFR 90.16 (Determinations and certifications of
eligibility to apply for adjustment assistance), certification
for TAA may be issued if a significant number or proportion of
the workers in the subject firm (or an appropriate subdivision of
the firm) have become or are threatened to become totally or
partially separated; sales and/or production of the subject firm
(or an appropriate subdivision of the firm) have decreased
absolutely; and increases (absolute or relative) of imports of
articles like or directly competitive with articles produced by
the subject firm (or an appropriate subdivision of the firm)
contributed importantly to the workers’ separation, or threat of
separation, and to such decline in sales or production. The
regulation also states that “contributed importantly means a
cause which is importantly but not necessarily more important
than any other cause.”
During the reconsideration investigation, the Department
determined that there were no increased imports of softwood
dimensional lumber during 2007 from 2006 by either the subject
firm or Weyerhaeuser. Rather, imports of softwood dimensional
lumber by Weyerhaeuser decreased in 2007 from 2006 levels.
On reconsideration, the Department confirmed that the
predominant cause of the workers’ separations was the shift of
production to another, newly-built, domestic facility. New
information obtained by the Department during the reconsideration
revealed that the move was due to the decreased amount of timber
around the Toutle area and the plentiful amount of timber around
the new location.
Accordingly, the Department determines that the petitioning
worker group has not satisfied Section 223(a)(2)(A)(C) and are
not eligible to apply for worker adjustment assistance under the
Trade Act.
In order for the Department to issue a certification of
eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA), the subject worker group must be certified eligible to
apply for TAA. Since the petitioning worker group is denied
eligibility to apply for TAA, the subject workers cannot be
certified eligible for ATAA.
Conclusion
After careful reconsideration, I affirm the original notice
of negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of
Weyerhaeuser Green Mountain Lumber Mill, Toutle, Washington.
Signed at Washington, D.C. this 28th day of March 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-62,614

WEYERHAEUSER GREEN MOUNTAIN LUMBER MILL
TOUTLE, WASHINGTON

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:
B. 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 December 31, 2007, in
response to a petition filed by the IAM Woodworkers Local 536 on
behalf of workers of Weyerhaeuser Green Mountain Lumber Mill in
Toutle, Washington. The workers produce rough sawn softwood
dimensional lumber which is shipped to an affiliated plant for
further milling.
The investigation revealed that criteria I.C and II.B have not
been met.
The subject firm is not importing rough dimension lumber like
that produced at the Toutle plant, and there is no shift of
production from that plant to any foreign location.
Sales and production levels at the Toutle plant remained
relatively constant in 2007 compared with 2006. The predominant
cause of layoffs at the plant, including those in the immediate
future, is the transfer of production of softwood dimensional
lumber to another Weyerhaeuser facility, which is located
domestically.
An investigation was also conducted to determine whether the
petitioning group of workers qualifies as adversely affected
secondary workers as suppliers of component parts to a firm or
subdivision primarily affected by increased imports or a shift of
production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers’ firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either—

(A) the workers’ firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers’ firm; or

(B) a loss of business by the workers’ firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers’ separation or threat of
separation.

The investigation revealed that criterion two (2) has not
been met.
Workers at the affiliated facility to which rough milled
lumber was sent have not received a certification of eligibility
to apply for trade adjustment assistance benefits.
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 assis-
tance (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 Weyerhaeuser Green
Mountain Lumber Mill, Toutle, Washington 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 28th day of January 2008

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance







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