U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,700

WEYERHAEUSER NR COMPANY
RAYMOND LUMBERMILL
RAYMOND, WASHINGTON

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated June 23, 2009, the International
Association of Machinists and Aerospace Workers, Woodworkers
District Lodge W1 requested administrative reconsideration of the
negative determination regarding workers’ eligibility to apply
for Trade Adjustment Assistance (TAA) and Alternative Trade
Adjustment Assistance (ATAA) applicable to workers and former
workers of the subject firm. The determination was issued on
June 5, 2009. The Notice of Determination was published in the
Federal Register on June 18, 2009 (74 FR 28961).
The initial investigation resulted in a negative
determination based on the finding that imports of softwood
dimensional lumber (hemlock) did not contribute importantly to
worker separations at the subject firm and no shift of production
to a foreign source occurred.
In the request for reconsideration, the petitioner provided
additional information regarding imports of softwood dimensional
lumber and alleged that the subject firm might have increased
imports of softwood dimensional lumber in the relevant period.
The Department has carefully reviewed the request for
reconsideration and the existing record and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 6th day of July 2009.

/s/ Linda G. Poole_____________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,700

WEYERHAEUSER
RAYMOND LUMBERMILL
RAYMOND, 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 30, 2008, in response
to a petition filed on behalf of workers at Weyerhaeuser, Raymond
Lumbermill, Raymond, Washington. The workers of the subject firm
produce softwood dimensional lumber (hemlock).
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import softwood dimensional lumber (hemlock) during 2007, 2008, or
January through March 2000.
Furthermore, the investigation revealed that the subject firm
did not shift production of its softwood dimensional lumber
(hemlock) abroad during 2007, 2008, and January through March 2009.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of softwood
dimensional lumber (hemlock) (including any like and directly
competitive products) during 2007, 2008, and during January through
March 2008 over the corresponding 2009 period. The survey revealed
no imports of softwood dimensional lumber (hemlock) 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, I determine that workers of
Weyerhaeuser, Raymond Lumbermill, Raymond, 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 5th day of June 2009


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance










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