Weyerhaeuser Green Mountain Lumber Mill, Toutle, WA; Notice of Negative Determination on Reconsideration, 22171-22172 [E8-8980]

Download as PDF 22171 Federal Register / Vol. 73, No. 80 / Thursday, April 24, 2008 / Notices APPENDIX—Continued [TAA petitions instituted between 3/17/08 and 3/21/08] TA–W 63033 63034 63035 63036 63037 63038 63039 63040 63041 63042 63043 63044 63045 63046 63047 63048 63049 63050 63051 63052 ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ Location Lear Corporation (UAW) ....................................................... Phoenix Sewing (Comp) ....................................................... Summit Productions (Comp) ................................................ Mercury Manufacturing (Comp) ............................................ 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E8–8975 Filed 4–23–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–62,614] sroberts on PROD1PC70 with NOTICES Weyerhaeuser Green Mountain Lumber Mill, Toutle, WA; Notice of Negative Determination on Reconsideration On February 29, 2008, the Department of Labor (Department) issued an Affirmative Determination Regarding Application for Reconsideration regarding workers’ eligibility to apply for Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA) applicable to workers and former workers of Weyerhaeuser Green Mountain Lumber Mill, Toutle, Washington (the subject firm). The Department’s Notice of Affirmative Determination regarding the request for reconsideration was published in the Federal Register on March 7, 2007 (73 FR 12463). Workers produce rough sawn softwood dimensional lumber. The initial negative determination was based on the Department’s findings that sales and production at the subject firm remained stable during the relevant period compared to previous year; the subject firm did not shift production to a foreign country; and the subject firm did not import articles like or directly competitive with the lumber produced by the subject workers. The determination also stated that the VerDate Aug<31>2005 Date of nstitution Subject firm (petitioners) 16:15 Apr 23, 2008 Jkt 214001 predominant cause of worker separations is related to the transfer of production to another, domestic, affiliated facility. In the request for reconsideration, dated February 28, 2008, the IAM Woodworkers Local W536 (the Union) alleged that increased imports by Weyerhaeuser Corporation of articles like or directly competitive with softwood dimensional lumber produced at the subject firm contributed importantly to the workers’ separations (‘‘Weyerhaeuser Corporation is the largest producer of softwood dimensional lumber in the United States with significant production facilities in Canada and worldwide’’). To be certified for TAA on the basis of increased imports, the petitioning worker group must meet the criteria set forth under Section 223(a)(2)(A) of the Trade Act of 1974: A. 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; and B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and C. Increases of imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers’ separation or threat of separation and to the decline in sales or production of such firm or subdivision. After careful review of previouslysubmitted information, the Department determines that Section 223(a)(2)(A)(A) and Section 223(a)(2)(A)(B) were met. PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 03/20/08 03/20/08 03/20/08 03/20/08 03/20/08 03/20/08 03/20/08 03/20/08 03/20/08 03/20/08 03/21/08 03/21/08 03/21/08 03/21/08 03/21/08 03/21/08 03/21/08 03/21/08 03/21/08 03/21/08 Date of etition 03/13/08 03/18/08 03/18/08 03/18/08 03/14/08 03/19/08 03/19/08 03/17/08 03/19/08 03/18/08 03/20/08 03/20/08 03/19/08 03/19/08 03/10/08 03/11/08 03/20/08 03/18/08 03/20/08 03/18/08 Accordingly, the Department’s reconsideration investigation focused on whether the petitioning worker group satisfied Section 223(a)(2)(A)(C). Under 29 CFR 90.16 (Determinations and certifications of eligibility to apply for adjustment assistance), certification for TAA may be issued if a significant number or proportion of the workers in the subject firm (or an appropriate subdivision of the firm) have become or are threatened to become totally or partially separated; sales and/or production of the subject firm (or an appropriate subdivision of the firm) have decreased absolutely; and increases (absolute or relative) of imports of articles like or directly competitive with articles produced by the subject firm (or an appropriate subdivision of the firm) contributed importantly to the workers’ separation, or threat of separation, and to such decline in sales or production. The regulation also states that ‘‘contributed importantly means a cause which is importantly but not necessarily more important than any other cause.’’ During the reconsideration investigation, the Department determined that there were no increased imports of softwood dimensional lumber during 2007 from 2006 by either the subject firm or Weyerhaeuser. Rather, imports of softwood dimensional lumber by Weyerhaeuser decreased in 2007 from 2006 levels. On reconsideration, the Department confirmed that the predominant cause of the workers’ separations was the shift of production to another, newly-built, domestic facility. New information E:\FR\FM\24APN1.SGM 24APN1 22172 Federal Register / Vol. 73, No. 80 / Thursday, April 24, 2008 / Notices obtained by the Department during the reconsideration revealed that the move was due to the decreased amount of timber around the Toutle area and the plentiful amount of timber around the new location. Accordingly, the Department determines that the petitioning worker group has not satisfied Section 223(a)(2)(A)(C) and are not eligible to apply for worker adjustment assistance under the Trade Act. In order for the Department to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance (ATAA), the subject worker group must be certified eligible to apply for TAA. Since the petitioning worker group is denied eligibility to apply for TAA, the subject workers cannot be certified eligible for ATAA. Conclusion After careful reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Weyerhaeuser Green Mountain Lumber Mill, Toutle, Washington. Signed at Washington, DC this 28th day of March 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–8980 Filed 4–23–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–62,698] sroberts on PROD1PC70 with NOTICES Bodycote Materials Testing, Inc., Engineering and Technology Division, Hillsdale, MI; Notice of Negative Determination Regarding Application for Reconsideration By application dated March 6, 2008, a petitioner requested administrative reconsideration of the Department’s negative determination regarding eligibility to apply for Trade Adjustment Assistance (TAA), applicable to workers and former workers of the subject firm. The denial notice was signed on February 8, 2008 and published in the Federal Register on February 22, 2008 (73 FR 9836). Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances: (1) If it appears on the basis of facts not previously considered that the determination complained of was erroneous; VerDate Aug<31>2005 16:15 Apr 23, 2008 Jkt 214001 (2) if it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or (3) if in the opinion of the Certifying Officer, a mis-interpretation of facts or of the law justified reconsideration of the decision. The negative TAA determination issued by the Department for workers of Bodycote Materials Testing, Inc., Engineering and Technology Division, Hillsdale, Michigan was based on the finding that the worker group does not produce an article within the meaning of Section 222 of the Trade Act of 1974. The petitioner states that services provided by workers at the subject firm ‘‘are integral to the production of an automobile’’. The petitioner further states that the workers of the subject firm ‘‘produce data (written certification) that is used to determine if the product does meet the requirements.’’ The petitioner alleges that because all manufacturers of automotive products are required to test their products independently using the services provided by such companies as Bodycote Materials Testing, Inc., workers of the subject firm who provide the testing services should be certified eligible for TAA. The investigation revealed that the workers of Bodycote Materials Testing, Inc., Engineering and Technology Division, Hillsdale, Michigan are engaged in testing services to the automotive, appliance, and general industrial markets. These functions, as described above, are not considered production of an article within the meaning of Section 222 of the Trade Act. Any incidental documents, such as written certifications, generated as a result of testing of the equipment are incidental to the services provided by the subject firm. The fact that a written record is generated in the process does not make the service firm a production firm and these documents do not constitute production of an article for purposes of the Trade Act. The petitioner also states that Bodycote intends to move jobs to Mexico and Canada. The allegation of a shift to another country might be relevant if it was determined that workers of the subject firm produced an article. However, the investigation determined that workers of Bodycote Materials Testing, Inc., Engineering and Technology Division, Hillsdale, Michigan do not produce an article within the meaning of Section 222 of the Trade Act of 1974. PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 The petitioner did not supply facts not previously considered; nor provide additional documentation indicating that there was either (1) a mistake in the determination of facts not previously considered or (2) a misinterpretation of facts or of the law justifying reconsideration of the initial determination. After careful review of the request for reconsideration, the Department determines that 29 CFR 90.18(c) has not been met. Conclusion After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor’s prior decision. Accordingly, the application is denied. Signed in Washington, DC, this 26th day of March 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–8983 Filed 4–23–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–62,341] Nortel Networks Corporation Global Order Fulfillment, Research Triangle Park, NC; Notice of Negative Determination Regarding Application for Reconsideration By application postmarked February 4, 2008, three petitioners requested administrative reconsideration of the Department’s negative determination regarding eligibility to apply for Trade Adjustment Assistance (TAA), applicable to workers and former workers of the subject firm. The denial notice was signed on January 16, 2008 and published in the Federal Register on February 1, 2008 (73 FR 6213). Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances: (1) If it appears on the basis of facts not previously considered that the determination complained of was erroneous; (2) If it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or (3) If in the opinion of the Certifying Officer, a mis-interpretation of facts or E:\FR\FM\24APN1.SGM 24APN1

Agencies

[Federal Register Volume 73, Number 80 (Thursday, April 24, 2008)]
[Notices]
[Pages 22171-22172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8980]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,614]


Weyerhaeuser Green Mountain Lumber Mill, Toutle, WA; Notice of 
Negative Determination on Reconsideration

    On February 29, 2008, the Department of Labor (Department) issued 
an Affirmative Determination Regarding Application for Reconsideration 
regarding workers' eligibility to apply for Trade Adjustment Assistance 
(TAA) and Alternative Trade Adjustment Assistance (ATAA) applicable to 
workers and former workers of Weyerhaeuser Green Mountain Lumber Mill, 
Toutle, Washington (the subject firm). The Department's Notice of 
Affirmative Determination regarding the request for reconsideration was 
published in the Federal Register on March 7, 2007 (73 FR 12463). 
Workers produce rough sawn softwood dimensional lumber.
    The initial negative determination was based on the Department's 
findings that sales and production at the subject firm remained stable 
during the relevant period compared to previous year; the subject firm 
did not shift production to a foreign country; and the subject firm did 
not import articles like or directly competitive with the lumber 
produced by the subject workers. The determination also stated that the 
predominant cause of worker separations is related to the transfer of 
production to another, domestic, affiliated facility.
    In the request for reconsideration, dated February 28, 2008, the 
IAM Woodworkers Local W536 (the Union) alleged that increased imports 
by Weyerhaeuser Corporation of articles like or directly competitive 
with softwood dimensional lumber produced at the subject firm 
contributed importantly to the workers' separations (``Weyerhaeuser 
Corporation is the largest producer of softwood dimensional lumber in 
the United States with significant production facilities in Canada and 
worldwide'').
    To be certified for TAA on the basis of increased imports, the 
petitioning worker group must meet the criteria set forth under Section 
223(a)(2)(A) of the Trade Act of 1974:

    A. 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; and
    B. The sales or production, or both, of such firm or subdivision 
have decreased absolutely; and
    C. Increases of imports of articles like or directly competitive 
with articles produced by such firm or subdivision have contributed 
importantly to such workers' separation or threat of separation and 
to the decline in sales or production of such firm or subdivision.

    After careful review of previously-submitted information, the 
Department determines that Section 223(a)(2)(A)(A) and Section 
223(a)(2)(A)(B) were met. Accordingly, the Department's reconsideration 
investigation focused on whether the petitioning worker group satisfied 
Section 223(a)(2)(A)(C).
    Under 29 CFR 90.16 (Determinations and certifications of 
eligibility to apply for adjustment assistance), certification for TAA 
may be issued if a significant number or proportion of the workers in 
the subject firm (or an appropriate subdivision of the firm) have 
become or are threatened to become totally or partially separated; 
sales and/or production of the subject firm (or an appropriate 
subdivision of the firm) have decreased absolutely; and increases 
(absolute or relative) of imports of articles like or directly 
competitive with articles produced by the subject firm (or an 
appropriate subdivision of the firm) contributed importantly to the 
workers' separation, or threat of separation, and to such decline in 
sales or production. The regulation also states that ``contributed 
importantly means a cause which is importantly but not necessarily more 
important than any other cause.''
    During the reconsideration investigation, the Department determined 
that there were no increased imports of softwood dimensional lumber 
during 2007 from 2006 by either the subject firm or Weyerhaeuser. 
Rather, imports of softwood dimensional lumber by Weyerhaeuser 
decreased in 2007 from 2006 levels.
    On reconsideration, the Department confirmed that the predominant 
cause of the workers' separations was the shift of production to 
another, newly-built, domestic facility. New information

[[Page 22172]]

obtained by the Department during the reconsideration revealed that the 
move was due to the decreased amount of timber around the Toutle area 
and the plentiful amount of timber around the new location.
    Accordingly, the Department determines that the petitioning worker 
group has not satisfied Section 223(a)(2)(A)(C) and are not eligible to 
apply for worker adjustment assistance under the Trade Act.
    In order for the Department to issue a certification of eligibility 
to apply for Alternative Trade Adjustment Assistance (ATAA), the 
subject worker group must be certified eligible to apply for TAA. Since 
the petitioning worker group is denied eligibility to apply for TAA, 
the subject workers cannot be certified eligible for ATAA.

Conclusion

    After careful reconsideration, I affirm the original notice of 
negative determination of eligibility to apply for worker adjustment 
assistance for workers and former workers of Weyerhaeuser Green 
Mountain Lumber Mill, Toutle, Washington.

    Signed at Washington, DC this 28th day of March 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-8980 Filed 4-23-08; 8:45 am]
BILLING CODE 4510-FN-P