DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,451

MEADOWCRAFT, INC.
BIRMINGHAM, ALABAMA

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 March 9, 2004 in response
to a petition filed by state agency on behalf of workers at
Meadowcraft, Inc., Birmingham, Alabama. The workers were engaged
in employment related to the production of wrought iron furniture.
The investigation revealed that criteria (I.A) and (II.A) have
not been met.
The "Code of Federal Regulations (CFR)", Section 29, Part 90.2
requires that in work groups 50 or more that a total of five
percent be unemployed or threatened with unemployment. The
investigation revealed that a significant number of workers at the
subject plant have not been laid off (or threatened) with layoffs
for this group with 50 or more employees. Workers of the subject
group did not meet this threshold level of unemployment.
The investigation revealed an overall employment increase from
2002 to 2003 and January through February 2004, when compared with
corresponding period. The investigation further revealed there is
no threat of layoffs in the foreseeable future.
However, the cause of any layoffs at the subject firm is due
to a domestic shift in functions from Birmingham, Alabama to
Wadley, Alabama. Even with those layoffs, due to the shift in
production, employment increased from 2002 to 2003 and from January
through February 2004 over the corresponding 2003 period.
A company official indicated that any fluctuation in
employment at the subject plant is attributed to seasonality, and
also indicated that the average headcount will continue to rise.
Conclusion
After careful review, I determine that all workers of
Meadowcraft, Inc., Birmingham, Alabama are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D.C. this 22nd day of April, 2004.

/s/ Elliott S. Kushner

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