DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,395

SIMPSON LUMBER COMPANY, LLC
SHELTON LUMBER DIVISION
SHELTON, WASHINGTON

Notice of Negative Determination
on Reconsideration

The initial investigation, initiated August 26, 2011, resulted
in a negative determination, issued on September 28, 2011, that
was based on the finding that the subject firm did not report a
sales or production decline during the relevant period. The
determination was applicable to workers and former workers of
Simpson Lumber Company, LLC, Shelton Lumber Division, Shelton,
Washington. The notice of negative determination was published in
the Federal Register on October 20, 2011 (76 FR 65214). The
workers’ firm is engaged in activities related to the production of
dimension lumber and studs for housing construction.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the subject
firm did not experience a sales or production decline during the
relevant period.
With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that Simpson Lumber Company, LLC, Shelton
Lumber Division, Shelton, Washington, has not experienced a
decline in the sales or production of dimension lumber and studs
during the relevant period under investigation.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Simpson Lumber Company, LLC, Shelton
Lumber Division, Shelton, Washington, did not shift the
production of dimension lumber and studs to a foreign country or
acquire dimension lumber and studs from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Simpson Lumber Company, LLC, Shelton
Lumber Division, Shelton, Washington, is not a Supplier 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Simpson Lumber Company, LLC, Shelton
Lumber Division, Shelton, Washington, does not act as a
Downstream Producer to a firm (or subdivision, whichever is
applicable) 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because Criterion
(1) has not been met since the workers’ firm has not been
publically identified by name by the International Trade Commission
as a member of a domestic industry in an investigation resulting in
an affirmative finding of serious injury, market disruption, or
material injury, or threat thereof.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of Simpson
Lumber Company, LLC, Shelton Lumber Division, Shelton,
Washington, who were engaged in employment related to the
production of dimension lumber and studs to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C. §
2273.
Signed in Washington, D.C. this 14th day of December, 2011

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,395

SIMPSON LUMBER COMPANY, LLC
SHELTON LUMBER DIVISION
SHELTON, 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 (“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) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). 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:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that 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
(2) 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) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(i) 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
(ii)(I) 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;
(II)the country to which the workers’ firm has
shifted production of the articles is a beneficiary
country under the African Growth and Opportunity Act, or
the Caribbean Basin Economic Recovery Act; or
(III)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.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), 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 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on August 26, 2011 by an official from the International
Association of Machinists and Aerospace Workers, District Lodge
W24 on behalf of workers of Simpson Lumber Company, LLC, Shelton
Lumber Division, Shelton, Washington. The workers’ firm is
engaged in activities related to the production of dimension lumber
and studs for housing.
The petitioner alleges that increased imports of lumber
contributed importantly to worker separations at the subject
firm. During the course of the investigation, information was
collected from the workers’ firm.
With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that Simpson Lumber Company, LLC has not
experienced a decline in the sales or production of dimension
lumber and/or studs for housing during the relevant period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift production of
dimension lumber or studs to a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Simpson Lumber Company, LLC is not 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).
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(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 Simpson Lumber
Company, LLC, Shelton Lumber Division, Shelton, Washington are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, as amended, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974, amended.
Signed in Washington, D.C. this 28th day of September, 2011


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






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