Boise Cascade, LLC, Wood Products Division, La Grande Lumber Mill, La Grande, OR; Boise Cascade, LLC, Wood Products Division, La Grande Particleboard, La Grande, OR; Notice of Revised Determination on Reconsideration, 6657-6658 [E9-2734]

Download as PDF Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / Notices 6657 APPENDIX—Continued [TAA petitions instituted between 1/12/09 and 1/16/09] TA–W 64914 64915 64916 64917 64918 64919 64920 Location M&Q Plastic Products (Wkrs) ................................................. Mahle Clevite, Inc. (Comp) ..................................................... Panasonic Electronic Devices Corp. of America (Comp) ....... Trans-Tech, Inc. (Comp) ......................................................... Lehman Brothers (State) ......................................................... Modine Manufacturing Company (Comp) ............................... Heritage Products, Inc. (Comp) .............................................. ............ ............ ............ ............ ............ ............ ............ North Wales, PA ..................... Churubusco, IN ...................... Knoxville, TN .......................... Adamstown, MD ..................... New Haven, CT ...................... Logansport, IN ........................ Crawfordsville, IN ................... [FR Doc. E9–2730 Filed 2–9–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,160] erowe on PROD1PC63 with NOTICES Boise Cascade, LLC; Wood Products Division; St. Helens, OR; Notice of Negative Determination on Reconsideration On December 10, 2008, the Department issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of the subject firm. The notice was published in the Federal Register on December 18, 2008 (73 FR 77063–77064). The initial investigation resulted in a negative determination based on the finding that imports of softwood veneer did not contribute importantly to worker separations at the subject firm and no shift of production to a foreign source occurred. The petitioner alleged that imports of softwood lumber and plywood from Canada have a strong influence on the United States softwood market and caused layoffs at the subject facility. The petitioner seems to allege that because imports of non-petroleum articles and, specifically imports from China, were at a record during August 2008, workers of the subject firm should be eligible for Trade Adjustment Assistance. In order to establish import impact and whether imports contributed importantly to worker separations, the Department must consider imports that are like or directly competitive with those produced at the subject firm. The ‘‘contributed importantly’’ test is generally demonstrated through a survey of customers of the workers’ firm regarding their import purchases. On reconsideration the Department conducted a survey of all the subject firm’s customers regarding purchases of softwood veneer and like or directly VerDate Nov<24>2008 Date of institution Subject firm (petitioners) 14:17 Feb 09, 2009 Jkt 217001 competitive products during 2006, 2007 and during January through September 2008. The survey revealed that the customers did not increase their imports of softwood veneer in 2006, 2007 and during January through September 2008 over the corresponding 2007 period. Furthermore, United States aggregate imports of veneer decreased from 2006 to 2007 and from January through November 2008 over the corresponding 2007 period. Conclusion After reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Boise Cascade, LLC, Wood Products Division, St. Helens, Oregon. Signed at Washington, DC, this 21st day of January 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–2735 Filed 2–9–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–63,924; TA–W–63,924A] Boise Cascade, LLC, Wood Products Division, La Grande Lumber Mill, La Grande, OR; Boise Cascade, LLC, Wood Products Division, La Grande Particleboard, La Grande, OR; Notice of Revised Determination on Reconsideration On November 14, 2008, the Department issued an Affirmative Determination Regarding Application on Reconsideration applicable to workers and former workers of the subject firm. The notice was published in the Federal Register on November 25, 2008 (73 FR 71693). The previous investigation initiated on August 25, 2008, resulted in a PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 01/16/09 01/16/09 01/16/09 01/16/09 01/16/09 01/16/09 01/16/09 Date of petition 01/12/09 12/17/08 01/15/09 01/16/09 01/15/09 01/15/09 01/15/09 negative determination issued on October 1, 2008, was based on the finding that imports of softwood lumber and particleboard did not contribute importantly to worker separations at the subject firm and no shift in production to a foreign source occurred. The denial notice was published in the Federal Register on October 20, 2008 (73 FR 62323). On reconsideration, the Department requested an additional list of customers of the subject firm and conducted a customer survey to determine whether imports of lumber and particleboard negatively impacted employment at the subject firms. Upon further investigation, after receiving the customer list it was determined that Boise Cascade, LLC, Wood Products Division, La Grande Lumber Mill, La Grande, Oregon (TA– W–63,924) supplied component parts for window and door frames and a loss of business with a manufacturer of window and door frames whose workers were certified eligible to apply for adjustment assistance contributed importantly to the separation or threat of separation of workers at Boise Cascade, LLC, Wood Products Division, La Grande Lumber Mill, La Grande, Oregon (TA–W–63,924). Furthermore, the survey of the major declining customers of Boise Cascade, LLC, Wood Products Division, La Grande Particleboard, La Grande, Oregon (TA–W–63,924A) revealed that the major declining customer increased its reliance on imports of particleboard while decreasing purchases from the subject firm from 2006 to 2007 and during January through August 2008 over the corresponding 2007 period. In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for alternative trade adjustment assistance (ATAA) for older workers. In order for the Department to issue a certification of eligibility to apply for E:\FR\FM\10FEN1.SGM 10FEN1 6658 Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / Notices ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of Section 246 have been met. A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse. Conclusion After careful review of the additional facts obtained on reconsideration, I determine that workers of Boise Cascade, LLC, Wood Products Division, La Grande Lumber Mill, La Grande, Oregon (TA–W–63,924), qualify as adversely affected secondary workers under Section 222 of the Trade Act of 1974, as amended, and that an increased reliance on imports of articles like or directly competitive with those produced at Boise Cascade, LLC, Wood Products Division, La Grande Particleboard, La Grande, Oregon (TA– W–63,924A), contributed importantly to the declines in sales or production and to the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification: All workers of Boise Cascade, LLC, Wood Products Division, La Grande Lumber Mill, La Grande, Oregon (TA–W–63,924), and all workers of Boise Cascade, LLC, Wood Products Division, La Grande Particleboard, La Grande, Oregon (TA–W–63,924A), who became totally or partially separated from employment on or after August 20, 2007, through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed in Washington, DC, this 26th day of January 2009. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–2734 Filed 2–9–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration erowe on PROD1PC63 with NOTICES [TA–W–57,700] Joy Technologies, Inc., dba Joy Mining Machinery, Mt. Vernon Plant, Mt. Vernon, IL; Notice of Revised Determination on Remand On January 22, 2009, the U.S. Court of International Trade (USCIT) VerDate Nov<24>2008 14:17 Feb 09, 2009 Jkt 217001 remanded to the U.S. Department of Labor (Department) for further review Former Employees of Joy Technologies, Inc. v. U.S Secretary of Labor, Court No. 06–00088. On August 2, 2005, the International Brotherhood of Boiler-makers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 483, filed a petition for Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA) on behalf of workers and former workers of Joy Mining Machinery, Mt. Vernon, Illinois (subject facility) producing underground mining equipment. The petition alleged that the subject facility would close September 23, 2005, due to a shift of production to Canada, China, Mexico and Russia. During the initial TAA investigation, the Department determined that the subject workers produced mining machinery and mining machinery components, and that the workers were not separately identifiable by product line. The group eligibility requirements for directly impacted (primary) workers under Section 222(a) the Trade Act of 1974, as amended, can be satisfied in either of two ways: I. Section (a)(2)(A) all of the following must be satisfied: 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; B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and C. Increased 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; or II. Section (a)(2)(B) both of the following must be satisfied: 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; B. 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 C. One of the following must be satisfied: 1. The country to which the workers’ firm has shifted production of the PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 articles is a party to a free trade agreement with the United States; 2. 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 3. 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. The initial negative determination regarding eligibility to apply for TAA, issued on September 25, 2005, was based on the Department’s findings that employment at the subject facility increased during the relevant period, that subject facility sales did not decrease during the relevant period, that Joy corporate sales increased during the relevant period, and that there was no shift of production to a foreign country. By application letter application dated November 3, 2005, the former workers requested administrative reconsideration, alleging that the workers’ separations were due to a shift of production to Mexico. On January 19, 2006, the Department issued a negative determination on reconsideration. The denial was based on the Department’s findings that there was no shift of production to Mexico and that the workers were not eligible to apply for TAA as workers of a secondarily affected company. By letter dated March 15, 2006, Plaintiffs sought judicial review. Plaintiffs asserted that the petitioning workers are eligible to apply for TAA due to either increased imports of articles like or directly competitive with crawler track frames (a type of mining machinery component) produced by the subject facility or a shift of production crawler track frames to Mexico. During the first remand investigation, the Department determined that there was no shift of production to a foreign country and that increased imports could not have contributed importantly to the workers’ separations because subject firm sales increased during the relevant period. On January 8, 2007, the Department issued a negative determination on remand. During the second remand investigation, the Department determined that crawler track frame production at the subject facility increased during the relevant period and that imports of articles like or directly competitive with these articles ceased before the subject facility closed, and concluded that imports of crawler track frames did not contribute E:\FR\FM\10FEN1.SGM 10FEN1

Agencies

[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Notices]
[Pages 6657-6658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2734]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,924; TA-W-63,924A]


Boise Cascade, LLC, Wood Products Division, La Grande Lumber 
Mill, La Grande, OR; Boise Cascade, LLC, Wood Products Division, La 
Grande Particleboard, La Grande, OR; Notice of Revised Determination on 
Reconsideration

    On November 14, 2008, the Department issued an Affirmative 
Determination Regarding Application on Reconsideration applicable to 
workers and former workers of the subject firm. The notice was 
published in the Federal Register on November 25, 2008 (73 FR 71693).
    The previous investigation initiated on August 25, 2008, resulted 
in a negative determination issued on October 1, 2008, was based on the 
finding that imports of softwood lumber and particleboard did not 
contribute importantly to worker separations at the subject firm and no 
shift in production to a foreign source occurred. The denial notice was 
published in the Federal Register on October 20, 2008 (73 FR 62323).
    On reconsideration, the Department requested an additional list of 
customers of the subject firm and conducted a customer survey to 
determine whether imports of lumber and particleboard negatively 
impacted employment at the subject firms.
    Upon further investigation, after receiving the customer list it 
was determined that Boise Cascade, LLC, Wood Products Division, La 
Grande Lumber Mill, La Grande, Oregon (TA-W-63,924) supplied component 
parts for window and door frames and a loss of business with a 
manufacturer of window and door frames whose workers were certified 
eligible to apply for adjustment assistance contributed importantly to 
the separation or threat of separation of workers at Boise Cascade, 
LLC, Wood Products Division, La Grande Lumber Mill, La Grande, Oregon 
(TA-W-63,924).
    Furthermore, the survey of the major declining customers of Boise 
Cascade, LLC, Wood Products Division, La Grande Particleboard, La 
Grande, Oregon (TA-W-63,924A) revealed that the major declining 
customer increased its reliance on imports of particleboard while 
decreasing purchases from the subject firm from 2006 to 2007 and during 
January through August 2008 over the corresponding 2007 period.
    In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department of Labor herein presents the results 
of its investigation regarding certification of eligibility to apply 
for alternative trade adjustment assistance (ATAA) for older workers.
    In order for the Department to issue a certification of eligibility 
to apply for

[[Page 6658]]

ATAA, the group eligibility requirements of Section 246 of the Trade 
Act must be met. The Department has determined in this case that the 
requirements of Section 246 have been met.
    A significant number of workers at the firm are age 50 or over and 
possess skills that are not easily transferable. Competitive conditions 
within the industry are adverse.

Conclusion

    After careful review of the additional facts obtained on 
reconsideration, I determine that workers of Boise Cascade, LLC, Wood 
Products Division, La Grande Lumber Mill, La Grande, Oregon (TA-W-
63,924), qualify as adversely affected secondary workers under Section 
222 of the Trade Act of 1974, as amended, and that an increased 
reliance on imports of articles like or directly competitive with those 
produced at Boise Cascade, LLC, Wood Products Division, La Grande 
Particleboard, La Grande, Oregon (TA-W-63,924A), contributed 
importantly to the declines in sales or production and to the total or 
partial separation of workers at the subject firm. In accordance with 
the provisions of the Act, I make the following certification:

    All workers of Boise Cascade, LLC, Wood Products Division, La 
Grande Lumber Mill, La Grande, Oregon (TA-W-63,924), and all workers 
of Boise Cascade, LLC, Wood Products Division, La Grande 
Particleboard, La Grande, Oregon (TA-W-63,924A), who became totally 
or partially separated from employment on or after August 20, 2007, 
through two years from the date of this certification, are eligible 
to apply for adjustment assistance under Section 223 of the Trade 
Act of 1974, and are eligible to apply for alternative trade 
adjustment assistance under Section 246 of the Trade Act of 1974.

    Signed in Washington, DC, this 26th day of January 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-2734 Filed 2-9-09; 8:45 am]
BILLING CODE 4510-FN-P

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