DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,454

TMI FOREST PRODUCTS, INC.
CRANE CREEK DIVISION
MORTON, WASHINGTON

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated March 6, 2012, a representative of the
Washington State Labor Counsel, AFL-CIO, requested administrative
reconsideration of the Department of Labor's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of TMI
Forest Products, Inc., Crane Creek Division, Morton, Washington
(subject firm). The determination was signed on February 17,
2012. The Notice of Determination was published in the Federal
Register on March 6, 2012 (77 FR 13355).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The negative determination of the TAA petition filed on
behalf of workers at the subject firm was based on the findings
that the subject firm did not, during the period under
investigation, shift to a foreign country production of articles
like or directly competitive with the fence boards produced by
the workers or acquire such production from a foreign country.
Additionally, the findings revealed that the workers’ separation,
or threat of separation, was not related to any increase in
imports, by the subject firm or its customers, of articles like
or directly competitive with fence boards; and that the workers’
firm is not a supplier or a downstream producer to a firm that
employed a group of workers who are eligible to apply for TAA.
In the request for reconsideration, the petitioner stated
that worker separations are attributable to increased import
competition of articles like or directly competitive with the
fence boards produced by the workers, to foreign competition of
raw material used in the production of fence boards, and to the
Canadian practice of using Bark Beetle affected timber. The
documentation supplied by the petitioner included import and
export data, news and opinion articles, printed web pages, and a
copy of a certification of another fencing company (based on
increased imports by that company’s major declining customers).
The Department has carefully reviewed the petitioner’s
allegations and support documentation, as well as previously-
submitted information.
The petitioner did not supply facts not previously
considered; nor provide additional documentation indicating that
there was either 1) a mistake in the determination of facts not
previously considered or 2) a misinterpretation of facts or of
the law justifying reconsideration of the initial determination.
Based on these findings, the Department determines that 29 CFR
90.18(c) has not been met.
Conclusion
After careful review of the application and investigative
findings, I conclude that there has been no error or
misinterpretation of the law or of the facts which would justify
reconsideration of the Department of Labor's prior decision.
Accordingly, the application is denied.
Signed in Washington, D.C., this 24th day of April, 2012

/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-80,454

TMI FOREST PRODUCTS
CRANE CREEK DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS PROFESSIONAL EMPLOYMENT
MORTON, WASHINGTON

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 September 21, 2011 by a company official on behalf of
workers of TMI Forest Products, Inc., Crane Creek Division,
including on-site leased workers of Express Professional
Employment, Morton, Washington. The workers’ firm is engaged in
activities related to the production of white wood fence boards.
During the course of the investigation, information was
collected from the workers’ firm, its customers, and from various
publicly available sources of data on the lumber industry.
Section 222(a)(1) has been met because 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.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of white wood fence boards by TMI Forest
Products have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because aggregate U.S.
imports of articles like or directly competitive with the
articles produced by TMI Forest Products have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased aggregate imports contributed importantly to the worker
group separations and sales/production declines at TMI Forest
Products.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of TMI Forest Products,
Inc., Crane Creek Division, including on-site leased workers from
Express Professional Employment, Morton, Washington, who are
engaged in activities related to the production of white wood
fence boards, 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 TMI Forest Products, Inc., Crane Creek
Division, including on-site leased workers from Express
Professional Employment, Morton, Washington, who became
totally or partially separated from employment on or after
September 20, 2010, 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 17th day of February, 2012.

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



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