DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,151

HAWORTH, INC.
COMFORTO DIVISION
INCLUDING LEASED WORKERS OF
LINCOLNTON STAFFING AND KELLY SERVICES
LINCOLNTON, NORTH CAROLINA

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 February 3, 2004 in response
to a petition filed by a company official on behalf of workers of
Haworth, Inc., Comforto Division, Lincolnton, North Carolina.
Workers at the subject firm are separately identifiable as workers
engaged in the production of office seating components and assembly
of office seating products. The subject firm also leases workers
from Lincolnton Staffing and Kelly Services.
The investigation revealed that workers at the subject firm are
threatened with separation.
It is determined in this case that the requirements of
(a)(2)(B) of Section 222 have been met for workers of Haworth, Inc.,
Comforto Division, Lincolnton, North Carolina engaged in the
production of office seating components.

The investigation revealed a shift in production of office
seating components to China and South Korea in 2003 and 2004.
Moreover, the investigation revealed that imports of office seating
components are likely to increase.
However, the investigation revealed that criteria
(a)(2)(A)(I.C) and (a)(2)(B)(II.B) were not met for workers of
Haworth, Inc., Comforto Division, Lincolnton, North Carolina engaged
in the assembly of office seating products.
The investigation revealed that the subject firm is shifting
the assembly of office seating products to other Haworth, Inc.
facilities located domestically.
Furthermore, the Department of Labor conducted a survey of the
subject firm's customers. This survey revealed no imports during
the relevant period.
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 for workers at Haworth, Inc., Comforto Division,
Lincolnton, North Carolina engaged in the production of office
seating components.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
However, since workers of Haworth, Inc., Comforto Division,
Lincolnton, North Carolina engaged in the assembly of office seating
products 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 that there was a shift in production
from the subject firm to a foreign country of articles that are like
or directly competitive with those produced by the subject firm, and
there has been or is likely to be an increase in imports of like or
directly competitive articles. In accordance with the provisions of
the Act, I make the following certification:
"Workers of Haworth, Inc., Comforto Division, including leased
workers of Lincolnton Staffing and Kelley Services, Lincolnton,
North Carolina, engaged in the production of office seating
components who became totally or partially separated from
employment on or after January 29, 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 are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
I further determine that workers of Haworth, Inc., Comforto
Division, including leased workers of Lincolnton Staffing and Kelley
Services, Lincolnton, North Carolina, engaged in the assembly of
office seating products are denied eligibility to apply for adjust-
ment 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 12th day of March 2004
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance