Petitioner Type: Union
Impact Date:
Filed Date: 03/23/2004
Most Recent Update: 05/04/2004
Determination Date: 05/04/2004
Expiration Date:
Employment and Training Administration
TA-W-54,570
IMPERIAL HOME DÉCOR GROUP HOLDINGS, INC.
KNOXVILLE, 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 investigation was initiated in response to a petition
received on March 23, 2004 and filed on behalf of workers at
Imperial Home Decor Group Holdings, Inc., Knoxville, Tennessee.
The workers are engaged in the distribution of wallpaper produced
abroad.
The investigation revealed that Imperial Home Décor Group
Holdings, Inc., Knoxville, Tennessee does not produce an article
within the meaning of Section 222(a)(2) of the Act. In order to
be considered eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, the worker group seeking
certification (or on whose behalf certification is being sought)
must work for a "firm" or appropriate subdivision that produces
an article and there must be a relationship between the workers'
work and the article produced by the workers' firm or appropriate
subdivision. The petitioning worker group seeking certification
does not support a firm or appropriate subdivision that produces
an article and thus the worker group can not be considered import
impacted or affected by a shift in production of an article.
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 all workers of
Imperial Home Decor Group Holdings, Inc., Knoxville, 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 4th day of May 2004
/s/ Elliott S. Kushner
____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance