DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,935

DHS VENEER
SUBSIDIARY OF FACES BY BACON, INC.
THOMASVILLE, NORTH CAROLINA

Notice of Revised Determination
on Reconsideration

By application of January 11, 2005 a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA). The denial notice was signed on December 15, 2004 and
published in the Federal Register on January 24, 2005 (70 FR
3390).
The TAA petition, filed on behalf of workers at DHS Veneer,
Subsidiary of Faces by Bacon, Inc., Thomasville, North Carolina
engaged in production of veneer faces was denied because the
"contributed importantly" group eligibility requirement of
Section 222 of the Trade Act of 1974 was not met.
In the request for reconsideration, the petitioner provided
additional list of the subject firm’s customers and requested to
investigate a secondary impact on the subject firm as an upstream
supplier in the furniture industry. A review of the new facts
determined that the workers of the subject firm may qualify
eligible for TAA on the basis of a secondary upstream supplier
impact.


Having conducted an investigation of subject firm workers on
the basis of secondary impact, it was revealed that DHS Veneer,
Subsidiary of Faces by Bacon, Inc., Thomasville, North Carolina
supplied veneer faces that were used in the production of
furniture, and a loss of business with domestic manufacturers
(whose workers were certified eligible to apply for adjustment
assistance) contributed importantly to the workers separation or
threat of separation.
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.
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.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of DHS Veneer, Subsidiary
of Faces by Bacon, Inc., Thomasville, North Carolina qualify as
adversely affected secondary workers under Section 222 of the
Trade Act of 1974, as amended. In accordance with the provisions
of the Act, I make the following certification:
"All workers of DHS Veneer, Subsidiary of Faces by Bacon,
Inc., Thomasville, North Carolina who became totally or
partially separated from employment on or after October 27,
2003 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 at Washington, D.C., this 17th day of February, 2005
/s/ Elliott S. Kushner
_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,935

DHS VENEER
SUBSIDIARY OF FACES BY BACON, INC.
THOMASVILLE, NORTH CAROLINA

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
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 November 4, 2004 in
response to a petition filed on behalf of workers at DHS Veneer,
subsidiary of Faces by Bacon, Inc., Thomasville, North Carolina.
The workers at the subject firm produced veneer faces.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import veneer faces during 2002, 2003 and during the January
through October 2004 period nor did they shift production abroad
during the relevant period.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of veneer faces
during 2002, 2003 and January through October 2004 over the
corresponding 2003 period. The survey revealed no imports during
the period under investigation.
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 assistance
(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 of the facts obtained in this
investigation, I determine that all workers of DHS Veneer,
subsidiary of Faces by Bacon, Inc., Thomasville, North Carolina are
denied eligibility to apply for adjustment 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 15th day of December 2004

/s/ Elliott S. Kushner

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