Petitioner Type: Workers
Impact Date: 12/01/2003
Filed Date: 12/08/2004
Most Recent Update: 12/22/2004
Determination Date: 12/22/2004
Expiration Date: 12/22/2006
Employment and Training Administration
TA-W-56,170
BROYHILL FURNITURE INDUSTRIES, INC.
PACEMAKER FURNITURE COMPANY
LENOIR, NORTH CAROLINA
Amended Certification 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), the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance on December
22, 2004, applicable to workers of Broyhill Furniture Industries,
Inc., Pacemaker Furniture Company, Lenoir, North Carolina.
Carolina. The workers are engaged in the production of case
goods (wooden)furniture used in bedrooms, dining rooms and living
rooms The notice was published in the Federal Register on
January 4, 2005 (70 FR 3391).
New information provided by the petitioners indicated that
their intention was to apply for all available Trade Act benefits
at the time of the filing. Therefore, the Department has made a
decision to investigate further to determine if the workers are
eligible to apply for Alternative Trade Adjustment Assistance.
The investigation revealed that a significant number of
workers of the subject firm are age 50 or over, workers have
skills that are not easily transferable, and conditions in the
industry are adverse.
Review of this information shows that all eligibility
criteria under Section 246 of the Trade Act of 1974 (26 USC
2813), as amended have been met for workers at the subject firm.
Accordingly, the Department is amending the certification to
reflect its finding.
The amended notice applicable to TA-W-56,170 is hereby
issued as follows:
"All workers of Broyhill Furniture Industries, Inc.,
Pacemaker Furniture Company, Lenoir, North Carolina,
who became totally or partially separated from
employment on or after December 1, 2003, through
December 22, 2006, 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."
Signed at Washington, D.C. this 14th day of April 2006.
/s/ Elliott S. Kushner
_________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,170
BROYHILL FURNITURE INDUSTRIES, INC.
PACEMAKER FURNITURE COMPANY
LENOIR, NORTH CAROLINA
Certification Regarding Eligibility
To Apply for Worker 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) of
Section 222 have been met.
The investigation was initiated on December 8, 2004, in
response to a petition filed on behalf of workers of Broyhill
Furniture Industries, Inc., Pacemaker Furniture Company, Lenoir,
North Carolina. The workers are engaged in the production of case
goods (wooden) furniture used in bedrooms, dining rooms and living
rooms.
The investigation revealed that sales and employment declined
from January through October 2004 over the corresponding 2003
period.
The Department of Labor surveyed the subject firm’s customers
regarding their purchases of case goods (wooden) furniture used in
bedrooms, dining rooms and living rooms. The surveys revealed that
customers increased import purchases during the relevant period.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with those produced by Broyhill
Furniture Industries, Inc., Pacemaker Furniture Company, Lenoir,
North Carolina, 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, Inc., Pacemaker
Furniture Company, Lenoir, North Carolina, who became totally
or partially separated from employment on or after December 1,
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.”
Signed in Washington, D.C., this 22nd day of December 2004.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance