DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,372

SIMPSON LUMBER COMPANY, LLC
SHELTON, WASHINGTON

TA-W-81,372A

SIMPSON LUMBER COMPANY, LLC
TACOMA, WASHINGTON

TA-W-81,372B

SIMPSON LUMBER COMPANY, LLC
LONGVIEW, WASHINGTON

Notice of Revised Determination
on Reconsideration

On May 9, 2012, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of Simpson Lumber Company, LLC, Shelton,
Washington (TA-W-81,372), Simpson Lumber Company, LLC, Tacoma,
Washington (TA-W-81,372A), and Simpson Lumber Company, LLC, Longview,
Washington (TA-W-81,372B) (hereafter referred to collectively as “the
subject firm” or “Simpson Lumber Company”). The workers are engaged
in activities related to the production of dimension lumber,
primarily used in housing construction, remodel, and repair. The
worker group does not include leased workers.
The reconsideration investigation revealed that customer imports
of dimensional lumber (or like or directly competitive articles)
during the relevant period contributed importantly to the worker
group separations and production declines at each of the afore-
mentioned locations of Simpson Lumber Company.
Section 222(a)(1) has been met because a significant number or
proportion of the workers in each of the afore-mentioned locations of
Simpson Lumber Company have become totally or partially separated, or
are threatened to become totally or partially separated.
A significant number or proportion means at least three workers
in a firm (or appropriate subdivision thereof) with a work force of
fewer than fifty workers or at least five percent of the workers in a
firm (or appropriate subdivision thereof) with a work force of fifty
or more workers. 29 CFR 90.2
Section 222(a)(2)(A)(i) has been met because production of
dimension lumber at each of the afore-mentioned locations of Simpson
Lumber Company has decreased absolutely during the period under
investigation.
Section 222(a)(2)(A)(ii) has been met because customer imports
of articles like or directly competitive with the dimensional lumber
produced by Simpson Lumber Company have increased (absolutely or
relatively) during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased customer imports of articles like or directly competitive
with dimensional lumber contributed importantly to the worker group
separations and production declines at each of the afore-mentioned
locations of Simpson Lumber Company.
Contributed importantly means a cause which is important but not
necessarily more important than other cause. 29 CFR 90.16(b)(3)
Conclusion
After careful review of the additional facts obtained during the
reconsideration investigation, I determine that workers of Simpson
Lumber Company, LLC, Shelton, Washington Tacoma, Washington and
Longview, Washington, engaged in employment related to the production
of dimension lumber, 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 Simpson Lumber Company, LLC, Shelton, Washington
(TA-W-81,372), Simpson Lumber Company, LLC, Tacoma, Washington
(TA-W-81,372A), and Simpson Lumber Company, LLC, Longview,
Washington (TA-W-81,372B), who became totally or partially
separated from employment on or after February 21, 2011, 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 at Washington, D.C., this 25th day of February, 2013
/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-81,372

SIMPSON LUMBER COMPANY, LLC
SHELTON, WASHINGTON

TA-W-81,372A

SIMPSON LUMBER COMPANY, LLC
TACOMA, WASHINGTON

TA-W-81,372B

SIMPSON LUMBER COMPANY, LLC
LONGVIEW, 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 27, 2012 by a representative of the International
Association of Machinists and Aerospace Workers (IAM & AW District
W24) on behalf of workers of Simpson Lumber Company, LLC, Shelton,
Washington (TA-W-81,372); Tacoma, Washington (TA-W-81,372A); and
Longview, Washington (TA-W-81,372B). The three facilities are
hereafter referred to collectively as “Simpson Lumber” or “subject
firm”. The workers of Simpson Lumber engage in activities related to
the production of dimension lumber.
The petitioner alleges that foreign competition is a significant
factor in the workers’ separations and identified Canada as a source
of imported softwood lumber.
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 dimension
lumber, or like or directly competitive articles, in the period under
investigation.
A survey conducted on Simpson Lumber’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 subject firm did not shift the
production of dimension lumber, or like or directly competitive
articles, to a foreign country or acquire the production of 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 Simpson Lumber 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 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 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 Simpson Lumber Company, LLC, Shelton,
Washington (TA-W-81,372); Simpson Lumber Company, LLC, Tacoma,
Washington (TA-W-81,372A); and Simpson Lumber Company, LLC, Longview,
Washington (TA-W-81,372B) to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 16th day of April, 2012


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





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