Certified
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TAW-72928  /  Smith Logging, Inc. (Kalispell, MT)

Petitioner Type: Company
Impact Date: 11/20/2008
Filed Date: 11/24/2009
Most Recent Update: 02/24/2010
Determination Date: 02/24/2010
Expiration Date: 02/24/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,928

SMITH LOGGING, INC.
KALISPELL, MONTANA

Certification 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.
The group eligibility requirements for workers of a firm
under Section 222(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. 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;

II. 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

III. 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.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on November 24, 2009, by a company official on behalf of
workers of Smith Logging, Inc., Kalispell, Montana. The workers
produce logs.
The investigation revealed that workers of Smith Logging,
Inc. who are engaged in employment related to production of
logs meet the criteria as Suppliers for secondary worker
certification.
Criterion I has been met because employment at the
subject facility declined by at least five percent during the
period under investigation.
Criterion II has been met because workers of Smith
Logging, Inc. provided and sold logs to a firm that employed a
worker group that is covered by an active TAA certification to
be incorporated into pine and spruce board lumber.
Criterion III has been met because the logs provided by
Smith Logging, Inc. to a firm that employed a TAA-certified
worker group accounted for at least 20 percent of the
production or sales of Smith Logging, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Smith Logging, Inc.,
Kalispell, Montana, who are engaged in employment related to
production of logs meet the worker group certification criteria
under Section 222(c) of the Act, 19 U.S.C. § 2272(c). In
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make
the following certification:



"All workers of Smith Logging, Inc., Kalispell, Montana,
who became totally or partially separated from employment
on or after November 20, 2008, through two years from the
date of certification, 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 in Washington, D.C., this 24th day of February, 2010

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance