Petitioner Type: Workers
Impact Date: 10/20/2002
Filed Date: 10/24/2003
Most Recent Update: 11/12/2003
Determination Date: 11/12/2003
Expiration Date: 03/11/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,349
ETHAN ALLEN MANUFACTURING, INC
EHTAN ALLEN INTERIORS, INC
BEECHER FALLS, VERMONT
Certification Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order
to provide equitable access to ATAA for worker groups whose
petitions were still in process at the time of implementation of
the ATAA program on August 6, 2003. Under this new
interpretation, worker groups covered by the certification of a
petition that was in process on August 6, 2003 may request ATAA
consideration for the certified worker group. In addition,
certified worker groups who filed petitions after that date may
also request ATAA if the petition did not include an option to
apply for ATAA. The request must be made to the Department and
may be made by anyone who was entitled to file the original
petition under section 221(a)(1) of the Act.
By letter dated December 27, 2004 a former employee of the
subject firm requested ATAA consideration for workers at the
subject firm located in Beecher Falls, Vermont.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246(a)(3)(A) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data show
that competitive conditions within the furniture industry are
adverse.
Conclusion
After careful review of the facts obtained on investigation,
I conclude that the requirements of Section 246(a)(3)(A) of the
Trade Act of 1974, as amended, have been met for workers at the
subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Ethan Allen Manufacturing, Inc., a
subsidiary of Ethan Allen Interiors, Inc., Beecher Falls,
Vermont who became totally or partially separated from
employment on or after October 20, 2002 through March 11,
2006 are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended.”
Signed in Washington, D.C., this 18th day of February 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,349
ETHAN ALLEN MANUFACTURING, INC.
ETHAN ALLEN INTERIORS, INC.
BEECHER FALLS, VERMONT
Negative Determination Regarding Eligibility
To Apply for Worker 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 October 24, 2003 in
response to a petition filed on behalf of workers at Ethan Allen
Manufacturing, Inc., Ethan Allen Interiors, Inc., Beecher Falls,
Vermont. The workers at the subject firm produce casegoods
household furniture (beds, dressers, night stands, end tables) and
are not separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import household furniture during 2001, 2002, or January through
September of 2003.
Furthermore, the investigation revealed that the subject firm
did not shift the production of household furniture from Beecher
Falls, Vermont, to a foreign country during the relevant period.
Conclusion
After careful review, I determine that all workers of Ethan
Allen Manufacturing, Inc., Ethan Allen Interiors, Inc., Beecher
Falls, Vermont, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 12th day of November 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
May want to list the specific citation to the group eligibility requirements.
May want to list the specific citation to the group eligibility requirements.
Employment and Training Administration
TA-W-53,349
ETHAN ALLEN MANUFACTURING, INC
EHTAN ALLEN INTERIORS, INC
BEECHER FALLS, VERMONT
Certification Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order
to provide equitable access to ATAA for worker groups whose
petitions were still in process at the time of implementation of
the ATAA program on August 6, 2003. Under this new
interpretation, worker groups covered by the certification of a
petition that was in process on August 6, 2003 may request ATAA
consideration for the certified worker group. In addition,
certified worker groups who filed petitions after that date may
also request ATAA if the petition did not include an option to
apply for ATAA. The request must be made to the Department and
may be made by anyone who was entitled to file the original
petition under section 221(a)(1) of the Act.
By letter dated December 27, 2004 a former employee of the
subject firm requested ATAA consideration for workers at the
subject firm located in Beecher Falls, Vermont.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246(a)(3)(A) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data show
that competitive conditions within the furniture industry are
adverse.
Conclusion
After careful review of the facts obtained on investigation,
I conclude that the requirements of Section 246(a)(3)(A) of the
Trade Act of 1974, as amended, have been met for workers at the
subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Ethan Allen Manufacturing, Inc., a
subsidiary of Ethan Allen Interiors, Inc., Beecher Falls,
Vermont who became totally or partially separated from
employment on or after October 20, 2002 through March 11,
2006 are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended.”
Signed in Washington, D.C., this 18th day of February 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,349
ETHAN ALLEN MANUFACTURING, INC.
ETHAN ALLEN INTERIORS, INC.
BEECHER FALLS, VERMONT
Negative Determination Regarding Eligibility
To Apply for Worker 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 October 24, 2003 in
response to a petition filed on behalf of workers at Ethan Allen
Manufacturing, Inc., Ethan Allen Interiors, Inc., Beecher Falls,
Vermont. The workers at the subject firm produce casegoods
household furniture (beds, dressers, night stands, end tables) and
are not separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import household furniture during 2001, 2002, or January through
September of 2003.
Furthermore, the investigation revealed that the subject firm
did not shift the production of household furniture from Beecher
Falls, Vermont, to a foreign country during the relevant period.
Conclusion
After careful review, I determine that all workers of Ethan
Allen Manufacturing, Inc., Ethan Allen Interiors, Inc., Beecher
Falls, Vermont, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 12th day of November 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
May want to list the specific citation to the group eligibility requirements.
May want to list the specific citation to the group eligibility requirements.