DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,110

COLUMBIA FOREST PRODUCTS, INC.
PRESQUE ISLE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM TEMPO
PRESQUE ISLE, MAINE

Amended Revised Determination on Reconsideration

In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor issued
a Notice of Revised Determination on Reconsideration on March 23,
2011, applicable to workers of Columbia Forest Products, Inc.,
Presque Isle Division, Presque Isle, Maine. The workers produce
hardwood veneer. The notice was published in the Federal
Register on April 7, 2011 (76 FR 19474).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The company
reports that workers leased from TEMPO were employed on-site at
the Presque Isle, Maine location of Columbia Forest Products,
Inc., Presque Isle Division. The Department has determined that
these workers were sufficiently under the control of Columbia
Forest Products, Inc., Presque Isle Division to be considered
leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from TEMPO working on-
site at the Presque Isle, Maine location of Columbia Forest
Products, inc., Presque Isle Division.
The amended notice applicable to TA-W-70,110 is hereby
issued as follows:
"All workers of Columbia Forest Products, Inc., Presque
Isle Division, including on-site leased workers from
TEMPO, Presque Isle, Maine, who became totally or
partially separated from employment on or after May 18,
2008, through March 23, 2013, and all workers in the
group threatened with total or partial separation from
employment on the date of certification through two
years from the date of certification, are eligible to
apply for adjustment assistance under Chapter 2 of
Title II of the Trade Act of 1974, as amended.”
Signed at Washington, D.C. this 19th day of April 2011.

/s/ Del Min Amy Chen
__________________________________
DEL MIN AMY CHEN
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,110

COLUMBIA FOREST PRODUCTS, INC.
PRESQUE ISLE DIVISION
PRESQUE ISLE, MAINE


Notice of Revised Determination
on Reconsideration

On October 7, 2010, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Columbia Forest Products,
Inc., Presque Isle Division, Presque Isle, Maine (subject firm).
The Department’s Notice of determination was published in the
Federal Register on October 25, 2010 (75 FR 65514). Workers
produced hardwood veneer. The worker group does not include leased
workers or workers supplied from a temporary staffing agency.
A careful review of the previously-submitted customer surveys
and new information obtained during the reconsideration
investigation, including U.S. aggregate imports of like or directly
competitive articles and other available material, revealed that,
during the period of investigation, imports of articles like or
directly competitive with hardwood veneer produced by the subject
firm have increased, and that the increased imports of hardwood
veneer (or like or directly competitive articles) contributed
importantly to the worker group separations and sales/production
declines at the subject firm.
Conclusion
After careful review of the additional facts obtained during
the reconsideration investigation, I determine that workers of
Columbia Forest Products, Inc., Presque Isle Division, Presque
Isle, Maine, who are engaged in employment related to the
production of hardwood veneer, meet the worker group certification
criteria under Section 222(a) of the Act, 19 U.S.C. § 2272(a). In
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make
the following certification:
“All workers of Columbia Forest Products, Inc., Presque Isle
Division, Presque Isle, Maine, who became totally or partially
separated from employment on or after May 18, 2008, through
two years from the date of this revised certification, and all
workers in the group threatened with total or partial
separation from employment on date of certification through
two years from the date of certification, are eligible to
apply for adjustment assistance under Chapter 2 of Title II of
the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 23rd day of March, 2011

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,110

COLUMBIA FOREST PRODUCTS, INC.
PRESQUE ISLE DIVISION
PRESQUE ILE, MAINE

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated February 16, 2010, workers requested
administrative reconsideration of the negative determination
regarding workers’ eligibility to apply for Trade Adjustment
Assistance (TAA) applicable to workers and former workers of the
subject firm. The determination was issued on January 25, 2010,
and the Notice of Determination was published in the Federal
Register on March 5, 2010 (75 FR 10323). The workers produce
hardwood veneer.
The negative determination was based on the findings that,
during the relevant period, there was no increase in imports of
articles like or directly competitive with the hardwood veneer
produced by the subject firm, and no shift to/acquisition from a
foreign country by the subject firm of articles like or directly
competitive with hardwood veneer. The investigation also revealed
that the subject firm did not supply a component part to a firm
that employed a worker group eligible to apply for TAA and directly
incorporated the component part into the finished article that was
the basis for the TAA certification.
The request for reconsideration asserts that the Department
has misinterpreted the statute to the detriment of the petitioning
workers. Specifically, the workers allege “the Trade Act does not
just look at whether the subject firm increased imports, but that
imports increased in general.” In support of the request for
reconsideration, the workers provided various articles regarding
increased imports of like or directly competitive articles from
China, Canada, and other countries.
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, as amended.
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 7th day of October, 2010
/S/ Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,110

COLUMBIA FOREST PRODUCTS, INC.
PRESQUE ISLE DIVISION
PRESQUE ISLE, MAINE

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor herein
presents the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (c) or
(f) of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f). For
the Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm must
have become totally or partially separated or be threatened
with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the component
part produced by the workers’ firm was directly
incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers’ firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers’
firm was directly incorporated have increased.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or supply
of services like or directly competitive with those
produced/supplied by the workers’ firm; OR
(i)(II) there has been an acquisition from a foreign country
by the workers’ firm of articles/services that are like
or directly competitive with those produced/supplied by
the workers’ firm.

III. The third criterion requires that the increase in imports or
shift/acquisition must have contributed importantly to the
workers’ separation or threat of separation. See Sections
222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act, 19 U.S.C.
§§ 2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms “Supplier” and “Downstream Producer.” For the Department to
issue a secondary worker certification under Section 222(c) of the
Act, 19 U.S.C. § 2272(c), to workers of a Supplier or a Downstream
Producer, the following criteria 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 is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production
is related to the article or service that was the basis
for such certification; and

(3) either
(A) the workers’ firm is a supplier and the component parts
it supplied to the firm 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
described in paragraph (2) contributed importantly to the
workers’ separation or threat of separation.

Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in a category of determination that is listed in
Section 222(f) of the Act, 19 U.S.C. § 2272(f).
The group eligibility requirements for workers of a firm under
Section 222(f) of the Act, 19 U.S.C. § 2272(f), can be satisfied if
the following criteria are met:
(1) the workers’ firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on May 19, 2009 by the Maine State TAA Program Manager on
behalf of workers of Columbia Forest Products, Presque Isle
Division, Presque Isle, Maine. The workers produce hardwood
veneer. Applications of this veneer include kitchen cabinets,
household furniture, and hardwood plywood.
The petitioner alleges that worker separations were a result
of increased imports and shift of production to a foreign country.
The investigation included collection of data from the subject
firm and a survey of the subject firm’s largest declining
customers.
With respect to Section 222(a) of the Act, the investigation
revealed that the workers of Columbia Forest Products, Presque Isle
Division, Presque Isle, Maine did not meet the criteria for
certification.
Criterion II has not been met because the subject firm did not
increase imports or shift/acquisition to or from a foreign location
of articles like or directly competitive with the hardwood veneer
produced in Presque Isle, Maine.
In addition, a Department of Labor survey of the major
declining customers of the subject firm regarding their purchases
of hardwood veneer revealed that these customers did not increase
imports of articles like or directly competitive with hardwood
veneer during the relevant period.
United States imports for consumption of hardwood veneer and
plywood decreased substantially from 2007 to 2008 and in January
through April 2009 compared with the same period in 2008. The
decline in imports of this product was greater than the decline in
production of the subject firm in both sets of time periods.
With respect to Section 222(c) of the Act, the investigation
revealed that the workers of Columbia Forest Products, Presque Isle
Division, Presque Isle, Maine did not meet the criterion for
certification as secondarily affected workers.
Criterion (2) has not been met because the workers did not
produce an article or supply a service that was used by a firm with
TAA-certified workers in the production of an article.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the workers’ firm has not been identified in an affirmative
finding of injury by the ITC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Columbia Forest


Products, Presque Isle Division, Presque Isle, Maine are denied
eligibility to apply for adjustment assistance under Section 223 of
the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 25th day of January 2010

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



- 5 -