DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,019

MILLSTONE INDUSTRIES LLC
REDMOND, OREGON

Notice of 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 (19 USC 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 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 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 investigation was initiated on November 17, 2004, in
response to a petition filed on behalf of workers of Millstone
Industries LLC, Redmond, Oregon. Workers produced laminated
products, flooring and closures.
It has been determined with respect to workers at of Millstone
Industries LLC, Redmond, Oregon producing closures without regard
to whether any other criteria have been met, criteria I.C. and
II.B. have not been met.
The subject firm started doing business in February 2004.
The Department conducted a survey of major customers of
Millstone Industries concerning their purchases of closures in
April through June 2004 and July through September 2004. The survey
revealed that none of the respondents imported in the relevant
period.
The company did not import closures nor shift production from
the subject firm to a foreign facility in the relevant period.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers producing closures are denied eligibility to apply
for TAA, the workers cannot be certified eligible for ATAA.
It has been determined with respect to workers at Millstone
Industries LLC, Redmond, Oregon producing laminated products and
flooring that criteria (a)(2)(A) of Section 222 of the Trade Act of
1974, as amended, have been met.
Revenue and employment of laminated products and flooring
decreased in the third quarter 2004 compared to the second quarter
2004.
The Department conducted a survey of the major customer of the
subject firm regarding its purchases of laminated products in April
through June 2004 and July through September 2004. The survey
revealed that the respondent increased its purchases of laminated
products from foreign firms while decreasing its purchases of
laminated products from subject firm in the relevant period.
The Department conducted a survey of major customers of
Millstone Industries concerning their purchases of flooring in
April through June 2004 and July through September 2004. The survey
revealed that a respondent that accounted for a significant
percentage of the subject firm's decline in sales increased its
import purchases while decreasing its purchases from the subject
firm in the relevant period.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 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.
The group eligibility criteria for the ATAA program that the

Department must consider under Section 246 of the Trade Act are:

1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been
met for workers of the subject firm producing laminated products.
The investigation revealed workers producing laminated
products do possess skills that are easily transferable.
The Department has determined in the case of workers of the
subject firm producing flooring that the requirements of Section
246 have been met.
A significant number of workers producing flooring 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 facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with laminated products and flooring
produced at Millstone Industries LLC, Redmond, Oregon contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"Workers of Millstone Industries LLC, Redmond, Oregon, engaged
in the production of laminated products and flooring who
became totally or partially separated from employment on or
after November 11, 2003 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and workers
engaged in the production of flooring are also eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974;" and
I also determine that workers of Millstone Industries LLC,
Redmond, Oregon engaged in the production of laminated products
are denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
After careful review, I also determine that workers of
Millstone Industries LLC, Redmond, Oregon, engaged in production of
closures are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 22nd day of December 2004.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance