DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,709

ALFMEIER CORPORATION
SEATING COMFORT SYSTEMS
A SUBSIDIARY OF ALFMEIER PRAZISION
DANDRIDGE, TENNESSEE

Notice of Revised Determination
on Reconsideration

By letter postmarked January 6, 2004, a petitioner requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on December 12, 2003, based on the finding
that imports of lumbar seating prototypes did not contribute
importantly to worker separations at the subject firm. The
denial notice was published in the Federal Register on January
16, 2004 (69 FR 2622).
To support the request for reconsideration, the petitioner
supplied additional information to supplement that which was
gathered during the initial investigation.
Upon further review and contact with the company official,
it was revealed that the company shifted its production of lumbar
seating prototypes to Germany with the intent to import lumbar
seating prototypes back into the United States. The
investigation further revealed that employment declined at the
subject firm.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
At least three workers 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 additional facts obtained on
reconsideration, I conclude that likely increase in imports of
articles like or directly competitive with those produced at
Alfmeier Corporation, Seating Comfort Systems, a subsidiary of
Alfmeier Prazision, Dandridge, Tennessee, contributed importantly
to the declines in sales or production and to the total or
partial separation of workers at the subject firm. In accordance
with the provisions of the Act, I make the following
certification:

”All workers of Alfmeier Corporation, Seating Comfort
Systems, a subsidiary of Alfmeier Prazision, Dandridge,
Tennessee, who became totally or partially separated from
employment on or after November 19, 2002 through two years
from the date of this certification, are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974, and are eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."

Signed in Washington, D.C. this 19th day of February 2004.

/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,709

ALFMEIER CORPORATION
SEATING COMFORT SYSTEMS
A SUBSIDIARY OF ALFMEIER PRAZISION
DANDRIDGE, TENNESSEE

Negative Determination 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 December 4, 2003 in
response to a petition filed by workers at Alfmeier Corporation,
Seating Comfort Systems, a subsidiary of Alfmeier Prazision,
Dandridge Tennessee. The workers of the subject facility produce
lumbar seating prototypes.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) were not met.
The subject firm is shifting its manufacturing of lumbar
seating prototypes to Germany. The subject firm, however, will not
be importing lumbar seat prototypes.




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 assis-
tance (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 are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that workers of Alfmeier
Corporation, Seating Comfort Systems, a subsidiary of Alfmeier
Prazision, Dandridge Tennessee 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 12th day of December 2003.

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