DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,683

KIRBY MANUFACTURING COMPANY, INC.
LENOIR CITY, TENNESSEE

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, 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 this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on December 2, 2003 in
response to a petition filed by a company official on behalf of
workers of Kirby Manufacturing Company, Inc., Lenoir City,
Tennessee. The workers of the subject firm produced leather and
upholstered furniture.
The investigation revealed that production and employment at
the subject firm decreased absolutely upon the closure of the
subject firm in October 2003.
The investigation further revealed that aggregate U.S. imports
for consumption of leather and upholstered furniture increased
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 Kirby
Manufacturing Company, Inc., Lenoir City, Tennessee, that the
requirements of Section 246 have been met.
A significant number of workers at the division 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 leather and upholstered furniture
produced at Kirby Manufacturing Company, Inc., Lenoir City,
Tennessee, 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 Kirby Manufacturing Company, Inc., Lenoir
City, Tennessee, who became totally or partially separated
from employment on or after November 25, 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."

Signed in Washington, D. C. this 15th day of January 2004.

/s/ Linda G. Poole


______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance