Certified
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TAW-92781  /  TBC Timber, Inc. (Libby, MT)

Petitioner Type: State
Impact Date: 03/31/2016
Filed Date: 04/03/2017
Most Recent Update: 05/09/2017
Determination Date: 05/09/2017
Expiration Date: 05/09/2019

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,781

TBC TIMBER, INC.
LIBBY, MONTANA

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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are 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
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on April 3, 2017 by the state workforce office on behalf
of the workers of TBC Timber, Inc., Libby, Montana (TBC). The
subject firm is engaged in activities related to the supply of
logging services.
Section 222(b)(1) has been met because a significant number
or proportion of the workers in TBC have become totally or
partially separated, or are threatened to become totally or
partially separated.
Section 222(b)(2) has been met because TBC is 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 such supply is related to article that was
the basis for such certification.
Section 222(b)(3)(B) has been met because the loss of
business by TBC with the firm that employed a certified worker
group contributed importantly to worker separations at TBC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of TBC meet the worker
group certification criteria under Section 222(b) of the Act, 19
U.S.C. § 2272(b). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of TBC Timber, Inc., Libby, Montana, who
became totally or partially separated from employment on or
after March 31, 2016, 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 9th day of May 2017.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance