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TAW-74317  /  Irving Forest Products (Fort Kent, ME)

Petitioner Type: Workers
Impact Date: 06/17/2009
Filed Date: 06/29/2010
Most Recent Update: 12/16/2010
Determination Date: 12/16/2010
Expiration Date: 12/16/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,317

IRVING FOREST PRODUCTS
FORT KENT, MAINE

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(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on June 29, 2010 on behalf of workers of Irving Forest
Products, Fort Kent, Maine. The workers produce garden planting
products, specifically wood barrels.
The investigation revealed that workers of Irving Forest
Products, Fort Kent, Maine who are engaged in employment related
to production of garden planting products, meet the criteria
for certification.
Section 222(a)(1) has been met because a significant
proportion of the workers have been totally or partially
separated during the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales
and production of garden planting products by Irving Forest
Products, Fort Kent, Maine have decreased absolutely during the
relevant period.
Section 222(a)(2)(A)(ii) has been met because U.S.
aggregate imports of articles like or directly competitive
with the garden planting products produced by the workers'
firm have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased U.S. aggregate imports contributed importantly
to the worker group separations and sales/production declines
at Irving Forest Products, Fort Kent, Maine.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Irving Forest
Products, Fort Kent, Maine, who are engaged in employment
related to garden planting products 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 Irving Forest Products, Fort Kent, Maine,
who became totally or partially separated from employment
on or after June 17, 2009, 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 16th day of December, 2010


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