Denied
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TAW-65753  /  Weyerheauser Company (Warrenton, OR)

Petitioner Type: Union
Impact Date:
Filed Date: 04/06/2009
Most Recent Update: 07/08/2009
Determination Date: 07/08/2009
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,753

WEYERHAEUSER COMPANY
WARRENTON, OREGON

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 April 6, 2009, in response
to a petition filed jointly by a company official and the
International Association of Machinists and Aerospace workers, AFL-
CIO Woodworkers Local Lodge W246, on behalf of workers of
Weyerhaeuser Company, Warrenton, Oregon. The workers produce
softwood dimensional lumber.
The investigation revealed that criteria I.C and II.B have not
been met.
The subject firm did not shift production at the Warrenton
mill abroad, nor did it import like products during the period of
investigation.
A survey conducted by the Department of Labor revealed that
major declining customers reduced their purchases of imported
softwood dimensional lumber while reducing their purchases from the
subject firm in 2008 and in January through April 2009.
Aggregate United States imports of coniferous lumber and
products more specifically like or directly competitive with that
produced by the subject declined in 2008 and through April of 2009.
Company and industry analysts attribute recent declines in
U.S. production principally to declines in the domestic housing
market.
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 assis-
tance (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
Company, Warrenton, 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 8th day of July 2009

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