Denied
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TAW-63151  /  Kretz Lumber Company, Inc. (Antigo, WI)

Petitioner Type: Company
Impact Date:
Filed Date: 04/08/2008
Most Recent Update: 06/16/2008
Determination Date: 06/16/2008
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,151

KRETZ LUMBER COMPANY INCORPORATED
DIMENSION PLANT
ANTIGO, WISCONSIN

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 April 8, 2008, in
response to a petition filed by a company official on
behalf of the workers of Kretz Lumber Company Incorporated,
Dimension Plant, Antigo, Wisconsin. The workers produce
lumber and wood components, particularly hardwood dimension
components and edge glued panels.
The investigation revealed that criteria
(a)(2)(A)(I.C) and (a)(2)(B)(II.B) have not been met.
The investigation revealed that the subject firm did
not import lumber and wood components or shift production
of those articles to a foreign country during the relevant
period.
The Department of Labor surveyed the subject firm's
major customer regarding its purchases of products like or
directly competitive with hardwood and dimension components
and glued panels in 2006, 2007, and January through March
2008. The survey revealed that there were no increased
import purchases during the relevant period.
An investigation was conducted in order to determine
whether the petitioning group of workers qualify 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 (3) has not
been met.
Component parts supplied to a primary firm whose
workers were certified eligible to apply for adjustment
assistance did not account for at least 20 percent of the
sales by Kretz Lumber, nor did a loss of business with a
primary firm contribute importantly to the worker
separations.
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 during this
investigation, I determine that workers of Kretz Lumber
Company Incorporated, Dimension Plant, Antigo, Wisconsin,
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 16th day of June 2008

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