DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,693

GREEN CREEK WOOD PRODUCTS LLC
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS PERSONNEL, GRAYS HARBOR SAW SERVICES
AND LABORWORKS INDUSTRIAL STAFFING INC.
PORT ANGELES, WASHINGTON

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 on December 5, 2014,
resulted in a negative determination, issued on January 9, 2015,
that was based on the findings that the subject firm did not import
from a foreign country articles like or directive competitive with
articles produced by the workers of the subject firm nor did the
firm shift production of articles like or directly competitive with
what is produced by the firm to foreign country. Furthermore, the
firm did no qualify as a secondary worker. The determination was
applicable to workers and former workers of Green Creek Wood
Products LLC, including on-site leased workers from Express
Personnel, Grays Harbor Saw Services, and Laborworks Industrial
Staffing Inc., Port Angeles, Washington. The workers’ firm is
engaged in activities related to production of specialty lumber
used for the export market.
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)(ii) of the Act, the
investigation revealed that the firm did not increase imports of
articles like or directly competitive with specialty lumber used
exclusively for homebuilding in Japan. Imports were not reported by
the subject firm in 2012, 2013, or during the period of January
through November 2014. The firm exported the specialty lumber to
their customer who in turn utilized the specialty lumber within the
foreign market.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift production of
specialty lumber or a like or directly competitive article to a
foreign country or acquire specialty lumber or a like or directly
competitive article from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Green Creek Wood Products, LLC 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), and does not act as 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied 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, 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 Green Creek
Wood Products LLC, including on-site leased workers from Express
Personnel, Grays Harbor Saw Services, and Laborworks Industrial
Staffing Inc., Port Angeles, 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 1st day of March, 2016

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,693

GREEN CREEK WOOD PRODUCTS LLC
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS PERSONNEL, GRAYS HARBOR SAW SERVICES
AND LABORWORKS INDUSTRIAL STAFFING, INC.
PORT ANGELES, 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 Andean Trade Preference Act, 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 by a State Workforce Official on December 5, 2014 on
behalf of workers of Green Creek Wood Products LLC, including
on-site leased workers from Express Personnel, Grays Harbor
Saw Services and Laborworks Industrial Staffing, Inc., Port
Angeles, Washington. The workers' firm is engaged in activities
related to the production of custom beams used exclusively for
homebuilding in Japan.
The petitioning State Workforce Official provided the
following allegation, "The Green Creek facility is negatively
influenced by cheaper imported Canadian lumber on one end and
competition for raw material (logs) from the Pacific Rim
countries..."
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a)(2)(A), the investigation
revealed that imports of articles like or directly competitive
with the custom beams produced by Green Creek Wood Products
LLC. have not increased. Rather, the investigation confirmed
that the worker separations are attributable to the loss of
export sales to the firm's sole customer.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Green Creek Wood Products LLC, Port
Angeles, Washington, did not shift the production of custom
beams to a foreign country that is a party to free trade
agreement with the United States, to a beneficiary country
under the African Growth and Opportunity Act or the Caribbean
Basin Economic Recovery Act, or any other foreign country.
With respect to Section 222(b) of the Act, the
investigation revealed that Green Creek Wood Products LLC,
Port Angeles, Washington, 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 Green Creek Wood
Products LLC, including on-site leased workers from Express
Personnel, Grays Harbor Saw Services and Laborworks Industrial
Staffing, Inc., Port Angeles, 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 9th day of January, 2015.

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