Petitioner Type: Workers
Impact Date:
Filed Date: 01/09/2001
Most Recent Update: 02/05/2001
Determination Date: 02/05/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,521
BURNT RIVER FOREST PRODUCTS, INC.
UNITY, OREGON
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the U.S. Department of Labor herein
presents the results of an investigation regarding certification
of eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated, or
are threatened to become totally or partially separat-
ed; and
(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated on January 9, 2000 in
response to a petition filed on behalf of workers at Burnt River
Forest Products, Inc., Unity, Oregon. The workers were engaged
in the production of agricultural fence posts.
Currently, there is an investigation pending regarding a
petition filed under the NAFTA program (NAFTA 4409). A
determination in that petition regarding worker eligibility for
benefits should be made concurrently with this determination.
This investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm did not
import fence posts.
The Department of Labor surveyed customers of the subject
firm regarding their purchases of agricultural fence posts. The
survey revealed that customers did not import fence posts.
Conclusion
After careful review, I determine that all workers of Burnt
River Forest Products, Inc., Unity, Oregon are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 5th day of February 2001.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance