DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,505

SB ACQUISITION, LLC
DBA SAUNDERS BROTHERS
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
FRYEBURG, MAINE

Notice of Revised Determination
on Reconsideration

On February 23, 2009, the Department issued an Affirmative
Determination Regarding Application for Reconsideration
applicable to workers and former workers of the subject firm.
The notice was published in the Federal Register on March 4, 2009
(74 FR 9432).
The previous investigation initiated on November 21, 2008,
resulted in a negative determination issued on January 2, 2009,
was based on the finding that sales and production at the subject
firm increased during the period of January through November
2008, when compared to the same period in 2007. The denial
notice was published in the Federal Register on January 26, 2009
(74 FR 4464).
In the request for reconsideration, the petitioner provided
additional information regarding the subject firm’s monthly sales
of wood products (dowels) and imports of these products by the
subject firm into the United States.
The Department carefully reviewed the information provided
during the initial investigation and on reconsideration and has
determined that sales, production and employment at the subject
firm declined during the relevant period. Furthermore, the
investigation revealed that company-wide imports of wood products
increased during the relevant 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 determine that increased imports of wood
products, produced by SB Acquisition, LLC, dba Saunders Brothers,
Fryeburg, Maine contributed importantly to the total or partial
separation of workers and to the decline in sales or production
at that firm or subdivision. In accordance with the provisions
of the Act, I make the following certification:
"All workers of SB Acquisition, LLC, dba Saunders Brothers,
including on-site leased workers from Manpower, Fryeburg,
Maine, who became totally or partially separated from
employment on or after November 20, 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 31st 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-64,505

SB ACQUISITION, LLC
DBA SAUNDERS BROTHERS
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
FRYEBURG, MAINE

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 November 21, 2008 in
response to a petition filed on behalf of workers of SB
Acquisition, LLC, dba Saunders Brothers, Fryeburg, Maine. The
workers produce wood products (dowels).
The worker group includes on-site leased workers from
Manpower.
The investigation revealed that criterion (a)(2)(A)(I.B.) and
(a)(2)(B)(II.B.) have not been met.
The investigation revealed that sales and production at the
subject firm increased during the period of January through
November 2008, when compared to the same period in 2007.
The subject firm did not shift the production of wood products
(dowels) to a foreign country 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.
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 facts obtained in the
investigation, I determine that all workers of SB Acquisition, LLC,
dba Saunders Brothers, Fryeburg, 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 2nd day of January, 2009
/s/ Linda G. Poole
____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance







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