DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,381

S. LICHTENBERG AND COMPANY, INC.
GALAXY DISTRIBUTION CENTER
WAYNESBORO, GEORGIA

TA-W-53,381A

S. LICHTENBERG AND COMPANY, INC.
SAMSON’S MANUFACTURING
WAYNESBORO, GEORGIA

TA-W-53,381B

S. LICHTENBERG AND COMPANY, INC.
CADET MANUFACTURING
LOUISVILLE, GEORGIA

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 its 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 Trade Adjustment Assistance, the group eligibility requirements in either paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met. It is determined in the case of S. Lichtenberg and Company, Samson’s Manufacturing, Waynesboro, Georgia (TA-W-53,381A) and S. Lichtenberg and Company, Cadet Manufacturing, Louisville, Georgia (TA-W-53,381B) that the requirements of (a)(2)(A) of Section 222 have been met.
The investigation was initiated on October 30, 2003 in response to a petition filed by a company official on behalf of workers at S. Lichtenberg and Company, Galaxy Distribution Center, Waynesboro, Georgia (TA-W-53,381); S. Lichtenberg and Company, Samson’s Manufacturing, Waynesboro, Georgia (TA-W-53,381A) and S. Lichtenberg and Company, Cadet Manufacturing, Louisville, Georgia (TA-W-53,381B). The workers at the subject firms produce soft window coverings.
The investigation revealed that production and employment at S. Lichtenberg and Company, Samson’s Manufacturing, Waynesboro, Georgia (TA-W-53,381A) and S. Lichtenberg and Company, Cadet Manufacturing, Louisville, Georgia (TA-W-53,381B) declined absolutely during the period of January through September of 2003, when compared to the same period in 2002.
The investigation further revealed that company imports by S. Lichtenberg and Company, Samson’s Manufacturing, Waynesboro, Georgia (TA-W-53,381A) and S. Lichtenberg and Company, Cadet Manufacturing, Louisville, Georgia (TA-W-53,381B) of soft window coverings increased absolutely during the relevant period.
In addition, in order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. The Department has determined in the case of S. Lichtenberg and Company, Samson’s Manufacturing, Waynesboro, Georgia (TA-W-53,381A) and S. Lichtenberg and Company, Cadet Manufacturing, Louisville, Georgia (TA-W-53,381B) that the requirements of Section 246 have been met.
A significant number of workers at S. Lichtenberg and Company, Samson’s Manufacturing, Waynesboro, Georgia (TA-W-53,381A) and S. Lichtenberg and Company, Cadet Manufacturing, Louisville, Georgia (TA-W-53,381B) are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse.
Furthermore, in order to make an affirmative determination and issue a certification of eligibility to apply for Trade 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 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.

It is determined in the case of S. Lichtenberg and Company, Galaxy Distribution Center, Waynesboro, Georgia (TA-W-53,381) that criteria (a)(2)(A)(I.A) and (a)(2)(B)(II.A) have not been met.
The investigation revealed that employment at S. Lichtenberg and Company, Galaxy Distribution Center, Waynesboro, Georgia (TA-W-53,381) did not decline during the period of January through September of 2003.
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.
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 of S. Lichtenberg and Company, Galaxy Distribution Center, Waynesboro, Georgia (TA-W-53,381) are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA.

Conclusion
After careful review of the facts obtained in the investigation, I determine that increases of imports of articles like or directly competitive with soft window coverings produced at S. Lichtenberg and Company, Samson’s Manufacturing, Waynesboro, Georgia (TA-W-53,381A) and S. Lichtenberg and Company, Cadet Manufacturing, Louisville, Georgia (TA-W-53,381B) contributed importantly to the total or partial separation of workers and to the decline in sales or production and at that firm or subdivision. In accordance with the provisions of the Act, I make the following certification:
"All workers of S. Lichtenberg and Company, Samson’s Manufacturing, Waynesboro, Georgia (TA-W-53,381A) and S. Lichtenberg and Company, Cadet Manufacturing, Louisville, Georgia (TA-W-53,381B) who became totally or partially separated from employment on or after October 24, 2002 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 are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974." and

Furthermore, I determine that all workers of S. Lichtenberg and Company, Galaxy Distribution Center, Waynesboro, Georgia (TA-W-53,381) are denied eligibility to apply for adjustment assistance under section 223 of the Trade Act of 1974, and alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 4th day of December 2003.

/s/ Elliott S. Kushner

_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance