Denied
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TAW-64875B  /  Rosboro Lumber Company (Springfield, OR)

Petitioner Type: Union
Impact Date:
Filed Date: 01/13/2009
Most Recent Update: 02/20/2009
Determination Date: 02/20/2009
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration


TA-W-64,875
ROSBORO LUMBER COMPANY
LUMBER DIVISION
SPRINGFIELD, OREGON

TA-W-64,875A
ROSBORO LUMBER COMPANY
PLYWOOD DIVISION
SPRINGFIELD, OREGON

TA-W-64,875B
ROSBORO LUMBER COMPANY
GLULAM BEAMS DIVISION
SPRINGFIELD, OREGON

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 January 13, 2009 in
response to a petition filed by a Carpenters Industrial Council
Local 2750 representative on behalf of workers at Rosboro Lumber
Company, Lumber Division, Plywood Division, and Glulam Beams
Division, Springfield, Oregon. The workers at the subject firm
produce softwood lumber, softwood plywood, and glue laminated wood
beams at their respective Divisions. Workers are separately
identifiable by product.
All workers at the subject firm were certified eligible to
apply for adjustment assistance on November 15, 2006 (TA-W-60,133).
That certification expired on November 15, 2008.
This investigation revealed that the subject firm has not
shifted production abroad of any of the articles produced at the
Springfield facility nor did it import any of these articles in
the relevant period.
With regard to workers engaged in the production of softwood
lumber (TA-W-64,875), it is determined that the requirements of (a)
(2) (A) are met.
Employment in this division at the Springfield facility
declined in 2008 compared with 2007.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of softwood lumber in
2007 and 2008. The survey revealed that customers increased their
reliance on import purchases of products like or directly
competitive with purchases made from the subject firm.
With regard to workers engaged in the production of softwood
plywood (TA-W-64,875A), it is determined that the requirements of
(a) (2) (A) (I.C) and (a) (2) (B) (II.B) have not been met.
The value of sales of plywood by the subject increased in 2008
compared with 2007.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of softwood plywood
in 2007 and 2008. The survey revealed that customers did not
increase their reliance on import purchases of softwood plywood or
articles like or directly competitive in the relevant period.
United States aggregate imports for consumption of articles
like or directly competitive with plywood declined sharply in 2008
compared with 2007.
With regard to workers engaged in the production of glue
laminated wood beams (TA-W-64,875B), it is determined that the
requirements of (a) (2) (A) (I.C) and (a) (2) (B) (II.B) have not
been met.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of glue laminated
wood beams in 2007 and 2008. The survey revealed that the surveyed
customers did not import these products or articles like or
directly competitive in 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 for employees at the subject firm engaged in production of
softwood lumber.
A significant number of workers at the Lumber Division are age
50 or over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
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). With
regard to workers engaged in the production of softwood plywood
and glue laminated wood beams, since they 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 increases of imports of articles
like or directly competitive with softwood lumber produced at
Rosboro Lumber Company, Lumber Division, Springfield, Oregon
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 Rosboro Lumber Company, Lumber Division,
Springfield, Oregon (TA-W-64,875), who became totally or
partially separated from employment on or after November 16,
2008 through two years from the date of certification are
eligible to apply for adjustment assistance under Section 223
of the Trade Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
I further determine that all workers of Rosboro Lumber
Company, Plywood Division (TA-W-64,875A) and Glulam Beams Division
(TA-W-64,875B), Springfield, 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 20th day of February 2009


/s/Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance