U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,314

NORTHWEST HARDWOODS, INC.
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER
TACOMA, WASHINGTON

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated May 9, 2012, a representative of the
Washington State Labor Council, Olympia, Washington, requested
administrative reconsideration of the negative determination
regarding workers’ eligibility to apply for Trade Adjustment
Assistance (TAA) applicable to workers and former workers of
Northwest Hardwoods, Inc., Tacoma, Washington (subject firm). The
determination was issued on May 4, 2012. The subject firm produces
alder lumber.
The initial investigation resulted in a negative determination
based on the findings that there was no shift in production and
there were no imports of like or directly competitive articles by
the subject firm or customers. The initial investigation also
revealed that the subject firm is not a supplier to, or act as a
downstream producer for, an eligible firm that employed a worker
group eligible to apply for TAA.
The representative of the Washington State Labor Council
requests that the Department look into further detail whether or
not the subject firm is a supplier to a TAA-certified firm
(Kimberly Clark; TA-W-81,097). Specifically, the representative
stated that the subject firm supplied component parts, chips and
hog fuel (bark and unusable contaminated chips), to Kimberly Clark.
The Department has carefully reviewed the request for
reconsideration and the existing record, and 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 26th day of June, 2012
/s/ Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,314

NORTHWEST HARDWOODS, INC.
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER
TACOMA, WASHINGTON

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), (b) or
(e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e).
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
criteria must be met:
(1) 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.

(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) (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.
(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.

(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
(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; and
(ii) the shift described in clause (i)(I) or the acquisition
of articles or services described in clause (i)(II)
contributed importantly to such workers’ separation or
threat of separation.

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 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
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(e) of the
Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm under
Section 222(e) of the Act, 19 U.S.C. § 2272(e), 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 February 8, 2012 by a Washington State workforce official
on behalf of workers of Northwest Hardwoods, Inc., including on-
site leased workers of Manpower, Tacoma, Washington. The workers
are engaged in activities related to the production of alder
lumber.
The petitioner alleges that customer imports contributed
importantly to sales declines at the subject firm.
During the course of the investigation, information was
collected from the workers’ firm and from declining customers of
the subject firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that the subject firm did not import alder
lumber, or like or directly competitive articles, in the period
under investigation.
A survey conducted of Northwest Hardwoods, Inc.’s declining
customers revealed that the customers did not increase import
purchases of dimension lumber, or like or directly competitive
articles, in the period under investigation.
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 like or directly competitive articles, to a
foreign country or acquire dimension lumber, or like or directly
competitive articles, from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Northwest Hardwoods 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied because the workers’
firm has not been publicly 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 of the facts obtained in the
investigation, 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 Northwest Hardwoods, Inc.,
including on-site leased workers of Manpower, Tacoma, Washington


to apply for adjustment assistance, in accordance with Section 223
of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 4th day of May, 2012


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







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