DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,383

CFM
HOME PRODUCTS DIVISION
JOPLIN, MISSOURI

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, 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 January 24, 2005 in
response to a petition filed on behalf of workers at CFM, Home
Products Division, Joplin, Missouri. The workers produce
fireplace accessories. The subject firm leases workers from
Hire Advantage.
The investigation revealed that criteria (I.B) and (I.C),
and (II.B) have not been met.
Petitioners allege that the subject firm is shifting
production of fireplace accessories abroad. The investigation
revealed that no such shift has taken place.
Sales and production at the subject firm increased greatly
in 2004 compared with 2003.
The investigation revealed that the subject firm did not
separate a significant number or proportion of workers in full
year 2004 compared with 2003. Production and employment at the
subject firm tend to be seasonal; any threatened separations at
the firm are related to this seasonality and cannot be
attributed to increased imports or shifts of production abroad.
In addition, in accordance with Section 246 of 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, I determine that all workers of CFM,
Home Products Division, Joplin, Missouri, 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 as amended.
Signed at Washington, D.C., this 11th day of March 2005
/s/ Richard Church

________________________
RICHARD CHURCH
Certifying Officer,
Division of
Trade Adjustment Assistance