DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,139

WEATHER SHIELD MANUFACTURING, INC.
CUSTOM PRODUCTS DIVISION
MEDFORD, WISCONSIN

Notice of Negative Determination
Regarding Application for Reconsideration

By application postmarked May 15, 2009, a petitioner
requested administrative reconsideration of the Department's
negative determination regarding eligibility to apply for Trade
Adjustment Assistance (TAA), applicable to workers and former
workers of the subject firm. The denial notice was signed on
April 30, 2009 and published in the Federal Register on May 18,
2009 (74 FR 23214).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative
determination which was based on the finding that imports of
windows and doors did not contribute importantly to worker
separations at the subject plant and there was no shift of
production to a foreign country in the relevant period. The
“contributed importantly” test is generally demonstrated through
a survey of the workers’ firm’s declining domestic customers.
The Department conducted a survey of the subject firm’s major
declining customers regarding their purchases of windows and
doors in 2007, 2008 and January through February 2009. The
survey revealed no imports during the relevant period. The
subject firm did not import windows and doors into the United
States during the relevant period.
In the request for reconsideration, the petitioner stated
that in order to reveal the import impact, the Department should
change the relevant period and include events occurring in 2006.
When assessing eligibility for TAA, the Department
exclusively considers import impact during the relevant time
period (one year prior to the date of the petition). Therefore,
events occurring in 2006 are outside of this period and are not
relevant in this investigation.
The petitioner did not supply facts not previously
considered; nor provide additional documentation indicating that
there was either 1) a mistake in the determination of facts not
previously considered or 2) a misinterpretation of facts or of
the law justifying reconsideration of the initial determination.
After careful review of the request for reconsideration, the
Department determines that 29 CFR 90.18(c) has not been met.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed in Washington, D.C., this 12th day of June, 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-65,139

WEATHER SHIELD MANUFACTURING, INC.
CUSTOM PRODUCTS DIVISION
MEDFORD, WISCONSIN

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 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 22, 2009, in
response to a petition filed on behalf of workers of Weather Shield
Manufacturing, Inc., Custom Products Division, Medford, Wisconsin.
Workers at the subject firm produce windows and doors. Workers are
not separately identifiable by product.
The investigation revealed that (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
Employment at the subject firm declined from 2007 to 2008, and
during the period of January through February 2009 when compared to
the same time period in 2007.
The subject firm has not imported or shifted any production to
foreign sources during the relevant period.
The United States Department of Labor conducted a survey of
the subject firm’s major declining customers regarding their
purchases of windows and doors in 2007, 2008, and January through
February 2009. The surveys 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 the
investigation, I determine that workers of Weather Shield
Manufacturing, Inc., Custom Products Division, Medford, Wisconsin,
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 at Washington, D.C., this 30th day of April 2009
/s/Linda G. Poole

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






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