DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,321

OLYMPIC PANEL PRODUCTS
SHELTON, WASHINGTON

Notice of Revised Determination
on Reconsideration

On January 23, 2009, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
was published in the Federal Register on February 10, 2009 (74 FR
6651).
The initial investigation initiated on October 31, 2008,
resulted in a negative determination issued on December 12, 2008,
was based on the finding that imports of overlay plywood did not
contribute importantly to worker separations at the subject firm
and no shift in production to a foreign source occurred. The
denial notice was published in the Federal Register on December
30, 2008 (73 FR 79915).
On reconsideration, the Department requested an additional
list of customers of the subject firm and conducted a customer
survey to determine whether imports of overlay plywood negatively
impacted employment at the subject firm.
The survey of the major declining customers revealed that the
customers increased their reliance on imported overlay plywood from
2006 to 2007 and during January through September 2008 over the
corresponding 2007 period.
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 this case 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.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Olympic Panel
Products, Shelton, Washington, contributed importantly to the
declines in sales or production and to the total or partial
separation of workers at the subject firm. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Olympic Panel Products, Shelton, Washington,
who became totally or partially separated from employment on
or after October 22, 2007, through two years from the date
of this certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."

Signed in Washington, D.C. this 11th day of March 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-64,321

OLYMPIC PANEL PRODUCTS LLC
SHELTON, WASHINGTON

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 revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.B.) were not met.
The investigation was initiated on October 31, 2008, in
response to a petition filed by the International Association of
Machinists and Aerospace Workers, Woodworkers District Lodge 1, on
behalf of workers of Olympic Panel Products LLC, Shelton,
Washington. The workers at the subject firm produce overlay
plywood.
The investigation revealed that the subject firm did not
import articles like or directly competitive with overlay plywood
during 2006, 2007, or January through September 2008 nor did they
shift production of overlay plywood during the relevant period
under investigation.
The Department of Labor surveyed the subject firm’s major
declining customers regarding purchases of overlay plywood or like
or directly competitive products in 2006, 2007, and January through
September 2008. The survey revealed no imports during 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 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 this
investigation, I determine that all workers of Olympic Panel
Products LLC, Shelton, 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 12th day of December, 2008

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance






- 6 -