Denied
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TAW-85362  /  Catawissa Wood and Components, Inc. (Elysburg, PA)

Petitioner Type: Company
Impact Date:
Filed Date: 06/06/2014
Most Recent Update: 03/07/2016
Determination Date: 08/08/2014
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,362

CATAWISSA WOOD AND COMPONENTS, INC.
A SUBSIDIARY OF PANNEAUX MASKI, INC.
ELYSBURG, PENNSYLVANIA

Notice of Negative Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), 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 TAARA 2015, to the
facts of this petition (statutory reconsideration).
The initial investigation, initiated June 6, 2014, resulted in
a negative determination, issued on August 8, 2014. The
determination was applicable to workers and former workers of
Catawissa Wood and Components, Inc., a subsidiary of Panneaux
Maski, Inc., Elysburg, Pennsylvania (hereafter referred to as
“Catawissa Wood”). The workers are engaged in activities related to
the production of unfinished wood panels for kitchen cabinets and
furniture.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
requirements for certification have not been met.
With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that Catawissa Wood has not experienced a
decline in the sales or production of unfinished wood panels
during the relevant period under investigation.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Catawissa Wood did not shift the
production unfinished wood panels to a foreign country or acquire
unfinished wood panels from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Catawissa Wood 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 Catawissa Wood 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 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 Catawissa Wood and
Components, Inc., a subsidiary of Panneaux Maski, Inc., Elysburg,
Pennsylvania, who were engaged in activities related to the
production of unfinished wood panels for kitchen cabinets and
furniture to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 7th day of March, 2016.

/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,362

CATAWISSA WOOD AND COMPONENTS, INC.
A SUBSIDIARY OF PANNEAUX MASKI, INC.
ELYSBURG, PENNSYLVANIA

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
term "Supplier" as "a firm that produces and supplies directly
to another firm or subdivision component parts for articles that
were the basis for certification of eligibility under subsection
(a) of a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on June 6, 2014 by a company official on behalf of
workers of Catawissa Wood and Components, Inc., a subsidiary of
Panneaux Maski, Inc., Elysburg, Pennsylvania. The workers' firm
is engaged in activities related to production of unfinished
wood panels for kitchen cabinets and furniture.
The petitioner alleges that conditions within the
industry are adverse, sales and employment are declining, and
import purchases have increased.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that Catawissa Wood and Components, Inc.
has not experienced a sales or production decline from 2012 to
2013 or during the period of January through May 2014 in
contrast to the corresponding period in 2013.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm has not shifted
production of articles to a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Catawissa Wood and Components,
Inc. is not a Supplier or a 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)
because the workers' firm does not produce component parts or
perform value-added production processes.
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 Catawissa Wood
and Components, Inc., a subsidiary of Panneaux Maski, Inc.,
Elysburg, Pennsylvania engaged in activities related to the
production of unfinished wood panels for kitchen cabinets and
furniture 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 8th day of August 2014.

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