DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,748

TIMBER PRODUCTS COMPANY
SPECTRUM DIVISION
WHITE CITY, 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 December 13, 2008 in
response to a petition filed on behalf of workers of Timber
Products Company, Spectrum Division, White City, Oregon. The
workers at the Spectrum Division, White City, Oregon facility
produce decorative laminates attached to wood panels.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not increase imports of decorative wood
laminates, nor did it shift production to a foreign country during
the relevant period.
The Department of Labor surveyed the subject firm's primary
declining customers regarding their purchases of decorative wood
laminates in 2006, 2007 and in January through November 2008. The
survey revealed no customer imports.
United States aggregate imports of products like or directly
competitive with the laminates manufactured by the subject firm
including, but not limited to particleboard, surface covered with
melamine, and particleboard, surface covered with decorative
laminates of plastic, all declined in January through November 2008
compared with the same period one year earlier.
Petitioners allege secondary affect based on the subject plant
utilizing as a component in some of its laminates plywood
manufactured at an affiliated plant whose workers were certified
eligible to apply for adjustment assistance. Secondary
certification, however, applies to firms supplying component parts
for articles that were the basis of certification.
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 Timber Products
Company, Spectrum Division, White City, 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 13th day of January 2009

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance