DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,246

WEYERHAEUSER NR COMPANY
I-LEVEL LUMBER - ABERDEEN DIVISION
ABERDEEN, WASHINGTON

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 February 13, 2009 in
response to a petition filed by the Carpenters Industrial
Council/United Brotherhood of Carpenters and Joiners of America,
Local Union 3099, on behalf of workers of Weyerhaeuser NR Company,
I-level lumber - Aberdeen Division, Aberdeen, Washington. The
workers produce softwood dimensional lumber, specifically Western
Hemlock and Douglas Fir.
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 softwood
dimensional lumber, nor did it shift production to a foreign
country during the relevant period.
The Department of Labor surveyed the subject firm's primary
declining customer regarding its purchases of softwood dimensional
lumber in 2007, 2008, January 2008, and January 2009. The survey
revealed that the customer did not import at any time during the
relevant period.
The investigation revealed that with the closure of the
Aberdeen Mill, the subject firm transferred production of Fir and
Hemlock dimensional lumber to a new mill which was opened within
the local area. A major customer has increased its purchases from
the subject firm's new mill.
The petition alleges that workers provided downstream
finishing services to a subdivision with a currently TAA certified
worker group.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

The investigation revealed that criterion (2) was not met.
In order to be considered a secondarily affected downstream
producer, the subject firm must perform additional, value-added
production processes for a TAA certified firm or subdivision for
articles that were the basis of that TAA certification.
The subject firm received logs from the Weyerhaeuser Log
Sorting Yard which engages in log scaling and sorting operations.
These operations were in support of the production of dimensional
lumber at another Weyerhaeuser facility whose workers were
certified eligible to apply for TAA based on imports of dimensional
lumber, not logs. Workers at the Log Sorting Yard were regarded as
part of an integrated production process culminating in the
production of dimensional lumber, and they were certified based on
imports of dimensional lumber. Workers at the subject facility in
Aberdeen do not provide additional, value added work on dimensional
lumber.
United States aggregate imports of sawmill products generally,
and more specifically of Douglas Fir and Hemlock products,
decreased sharply in 2008, and also decreased in January 2009
compared with January 2008.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein also 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 Weyerhaeuser NR
Company, i-Level Lumber, formerly Weyerhaeuser Company, Aberdeen,
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 8th day of May 2009

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