Petitioner Type: Company
Impact Date: 01/19/2007
Filed Date: 01/23/2008
Most Recent Update: 03/14/2008
Determination Date: 03/14/2008
Expiration Date: 05/13/2010
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,718
FRASER TIMBER LIMITED
ASHLAND, MAINE
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated April 10, 2008, a company official
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA) applicable to workers and former workers of the
subject firm. The determination was issued on March 14, 2008.
The Notice of determination was published in the Federal Register
on March 26, 2008 (73 FR 16064).
The initial investigation resulted in a negative
determination based on the finding that imports of lumber and
woodchips did not contribute importantly to worker separations at
the subject firm and no shift of production to a foreign source
occurred.
In the request for reconsideration, the petitioner provided
additional information regarding aggregate imports of lumber and
the impact of Canadian imports on lumber industry in the United
States.
The Department has carefully reviewed the request for
reconsideration and the existing record and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 28th day of April 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-62,718
FRASER TIMBER LIMITED
ASHLAND, MAINE
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 January 23, 2008, in
response to a petition filed by a company official on behalf of
workers of Fraser Timber Limited, Ashland, Maine. The workers
produce lumber and woodchips.
The investigation revealed that criteria I.C and II.C are not
met.
The subject firm is not importing nor has it shifted
production to another country.
United States aggregate imports of coniferous lumber
declined both absolutely and relative to U.S. production in 2007
compared with 2006, and imports continued to decline in January
of 2008 compared with the same period in 2007.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of lumber in 2006 and
2007. Respondents reported decreasing imports both absolutely and
relative to domestic purchases in 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 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 Fraser Timber
Limited, Ashland, Maine 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 14th day of March, 2008
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
- 2 -
Employment and Training Administration
TA-W-62,718
FRASER TIMBER LIMITED
ASHLAND, MAINE
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated April 10, 2008, a company official
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA) applicable to workers and former workers of the
subject firm. The determination was issued on March 14, 2008.
The Notice of determination was published in the Federal Register
on March 26, 2008 (73 FR 16064).
The initial investigation resulted in a negative
determination based on the finding that imports of lumber and
woodchips did not contribute importantly to worker separations at
the subject firm and no shift of production to a foreign source
occurred.
In the request for reconsideration, the petitioner provided
additional information regarding aggregate imports of lumber and
the impact of Canadian imports on lumber industry in the United
States.
The Department has carefully reviewed the request for
reconsideration and the existing record and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 28th day of April 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-62,718
FRASER TIMBER LIMITED
ASHLAND, MAINE
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 January 23, 2008, in
response to a petition filed by a company official on behalf of
workers of Fraser Timber Limited, Ashland, Maine. The workers
produce lumber and woodchips.
The investigation revealed that criteria I.C and II.C are not
met.
The subject firm is not importing nor has it shifted
production to another country.
United States aggregate imports of coniferous lumber
declined both absolutely and relative to U.S. production in 2007
compared with 2006, and imports continued to decline in January
of 2008 compared with the same period in 2007.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of lumber in 2006 and
2007. Respondents reported decreasing imports both absolutely and
relative to domestic purchases in 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 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 Fraser Timber
Limited, Ashland, Maine 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 14th day of March, 2008
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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