DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,160

BOISE CASCADE, LLC
WOOD PRODUCTS DIVISION
ST. HELENS, OREGON

Notice of Negative Determination
on Reconsideration

On December 10, 2008, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on December 18, 2008 (73 FR
77063-77064).
The initial investigation resulted in a negative
determination based on the finding that imports of softwood
veneer did not contribute importantly to worker separations at
the subject firm and no shift of production to a foreign source
occurred.
The petitioner alleged that imports of softwood lumber and
plywood from Canada have a strong influence on the United States
softwood market and caused layoffs at the subject facility. The
petitioner seems to allege that because imports of non-petroleum
articles and, specifically imports from China, were at a record
during August 2008, workers of the subject firm should be
eligible for Trade Adjustment Assistance.
In order to establish import impact and whether imports
contributed importantly to worker separations, the Department
must consider imports that are like or directly competitive with
those produced at the subject firm. The “contributed
importantly” test is generally demonstrated through a survey of
customers of the workers’ firm regarding their import purchases.
On reconsideration the Department conducted a survey of all
the subject firm’s customers regarding purchases of softwood
veneer and like or directly competitive products during 2006,
2007 and during January through September 2008. The survey
revealed that the customers did not increase their imports of
softwood veneer in 2006, 2007 and during January through
September 2008 over the corresponding 2007 period.
Furthermore, United States aggregate imports of veneer
decreased from 2006 to 2007 and from January through November
2008 over the corresponding 2007 period.








Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Boise
Cascade, LLC, Wood Products Division, St. Helens, Oregon.

Signed at Washington, D.C., this 21st day of January 2009
/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-64,160

BOISE CASCADE, LLC.
WOOD PRODUCTS DIVISION
ST. HELENS, OREGON

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 October 3, 2008 in response
to a petition filed by the Oregon State AFL-CIO on behalf of
workers of Boise Cascade, LLC, Wood Products Division, St. Helens,
Oregon. The workers at the subject facility produced softwood
veneer. Most of the softwood veneer produced by the St. Helens
plant was sold to other affiliated locations of the subject firm.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
Boise Cascade did not import softwood veneer, nor did it shift
production to a foreign country during the relevant period.
United States aggregate imports of softwood veneer have been
decreasing since 2006.
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 in the
investigation, I determine that all workers of Boise Cascade, LLC,
Wood Products Division, St. Helens, 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.
Signed in Washington, D.C., this 8th day of October 2008

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance





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