Denied
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TAW-65530  /  Zosel Lumber Company (Oroville, WA)

Petitioner Type: Company
Impact Date:
Filed Date: 03/09/2009
Most Recent Update: 04/10/2009
Determination Date: 04/10/2009
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,530

ZOSEL LUMBER COMPANY
OROVILLE, 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 March 9, 2009 in response to
a petition filed by a company official on behalf of workers at Zosel
Lumber Company, Oroville, Washington. The workers produce lumber
products and wood chips.
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 import lumber products or wood chips,
nor did it shift production abroad in 2007, 2008 or January through
February of 2009.
Sales of custom cut lumber by the subject firm increased in both
2008 and January through February, 2009.
The Department of Labor conducted a survey of the subject firm's
major declining cut lumber customers. The survey revealed that
customers have not imported any lumber products over the relevant
period.
United States aggregate imports of sawmill products measured in
value declined in 2008 from 2007.
The subject firm manufactures low grade lumber and wood chips
for paper mills and industrial usage; aggregate imports of the
various classifications of products like or directly competitive have
declined significantly in 2008 as compared with 2007.
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 Zosel Lumber Company, Oroville,
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 10th day of April 2009

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