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TAW-55373A  /  Broyhill Furniture Ind., Inc. (Lenoir, NC)

Petitioner Type: Workers
Impact Date: 07/28/2003
Filed Date: 08/04/2004
Most Recent Update: 09/10/2004
Determination Date: 09/10/2004
Expiration Date: 09/10/2006

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,373

BROYHILL FURNITURE INDUSTRIES, INCORPORATED
RUTHERFORD UPHOLSTERY PLANT #68
A WHOLLY OWNED SUBSIDIARY OF
FURNITURE BRANDS, INTERNATIONAL, INC.
RUTHERFORDTON, NORTH CAROLINA

TA-W-55,373A

BROYHILL FURNITURE INDUSTRIES, INCORPORATED
LENOIR FURNITURE CORPORATION
A WHOLLY OWNED SUBSIDIARY OF
FURNITURE BRANDS, INTERNATIONAL, INC.
LENOIR, NORTH CAROLINA

TA-W-55,373B

BROYHILL FURNITURE INDUSTRIES, INCORPORATED
LENOIR CHAIR # 3
A WHOLLY OWNED SUBSIDIARY OF
FURNITURE BRANDS, INTERNATIONAL, INC.
LENOIR, 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 (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) have been met.
The investigation was initiated on August 4, 2004, in
response to petitions filed on behalf of workers of Broyhill
Furniture Industries, Incorporated, Rutherford Upholstery Plant
#68, a wholly owned subsidiary of Furniture Brands
International, Inc., Rutherfordton, North Carolina (TA-W-
55,373); Broyhill Furniture Industries, Incorporated, Lenoir
Furniture Corporation, a wholly owned subsidiary of Furniture
Brands International, Inc., Lenoir, North Carolina (TA-W-
55,373A); and Broyhill Furniture Industries, Incorporated,
Lenoir Chair #3, a wholly owned subsidiary of Furniture Brands
International, Inc., Lenoir, North Carolina (TA-W-55,373B). The
workers are engaged in activities related to the production of
furniture.
Broyhill Furniture Industries, Incorporated, Rutherford
Upholstery Plant #68(TA-W-55,373)

Workers at the Rutherford Upholstery Plant #68,
Rutherfordton, North Carolina, produce furniture upholstery and
assemble upholstered living room furniture; they are not
separately identifiable by product line or process.
The investigation revealed that sales, production, and
employment declined during the period of January through July
2004 when compared with the same period in 2003.
The investigation further revealed increased subject firm
imports of upholstery during the period January through July
2004 when compared with the same period in 2003.
Broyhill Furniture Industries, Incorporated, Lenoir Furniture
Corporation (TA-W-55,373A)

Workers at the firm's Lenoir Furniture Corporation, Lenoir,
North Carolina, produce case goods.
The investigation revealed that sales and employment
declined during the period of January through July 2004 when
compared to the same period in 2003.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of case goods. This survey
revealed increases in imports of case goods during the period of
January through July 2004 when compared with the same period in
2003.
Broyhill Furniture Industries, Incorporated, Lenoir Chair #3
(TA-W-55,373B)

Workers at the firm's Lenoir Chair #3, Lenoir, North
Carolina, produce upholstered living room furniture.
The investigation revealed that sales, production, and
employment declined during the period of January through July
2004 when compared with the same period in 2003.
The Department of Labor surveyed the subject firm's
customers regarding their purchases of upholstered living room
furniture. This survey revealed increases in imports of
upholstered living room furniture during the period of January
through July 2004 when compared with the same period in 2003.
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)
The workers of Broyhill Upholstery Plant #68 also applied
for ATAA. 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 the Broyhill Upholstery
Plant #68, Rutherfordton, North Carolina (TA-W-55,373), that the
requirements of Section 246 have been met.
A significant number of workers at the subject facility 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 that increases in imports of
articles like or directly competitive with those produced by
Broyhill Furniture Industries, Inc., Rutherford Upholstery Plant
#68, Rutherfordton, North Carolina (TA-W-55,373); Broyhill
Furniture Industries, Incorporated, Lenoir Furniture
Corporation, Lenoir, North Carolina (TA-W-55,373A); and by
Broyhill Furniture Industries, Incorporated, Lenoir Chair #3,
Lenoir, North Carolina (TA-W-55,373B), contributed importantly
to the total or partial separation of workers and to the decline
in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Broyhill Furniture Industries,
Incorporated, Rutherford Upholstery Plant #68, a wholly
owned subsidiary of Furniture Brands International, Inc.,
Rutherfordton, North Carolina (TA-W-55,373); Broyhill
Furniture Industries, Incorporated, Lenoir Furniture
Corporation, a wholly owned subsidiary of Furniture Brands
International, Inc., Lenoir, North Carolina (TA-W-55,373A);
and Broyhill Furniture Industries, Incorporated, Lenoir
Chair #3, a wholly owned subsidiary of Furniture Brands
International, Inc., Lenoir, North Carolina (TA-W-55,373B),
who became totally or partially separated from employment
on or after July 15, 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

"All workers of Broyhill Furniture Industries, Rutherford
Upholstery Plant #68, a wholly owned subsidiary of
Furniture Brands International, Inc., Rutherfordton, North
Carolina (TA-W-55,373), who became totally or partially
separated from employment on or after July 15, 2003,
through two years from the date of certification, are
eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended."
Signed in Washington, D.C., this 10th day of September 2004

/s/ Linda G. Poole

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