Correction 1/06/06

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,433
ARMSTRONG WORLD INDUSTRIES
LANCASTER FLOOR PLANT
TILE DIVISION
LANCASTER, PENNSYLVANIA

TA-W-56,433A
ARMSTRONG WORLD INDUSTRIES
LANCASTER FLOOR PLANT
SHEET DIVISION
LANCASTER, PENNSYLVANIA

Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Determination Regarding Eligibility to Apply For
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 its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on January 31, 2005 in
response to a petition filed by an official of the United Steel
Workers of America, Local 285 on behalf of workers at Armstrong
World Industries, Lancaster Floor Plant, Tile and Sheet Divisions,
Lancaster, Pennsylvania. The workers at the two divisions produced
vinyl tile and sheet, respectively. They are separately
identifiable by division and product.
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 the case of workers in the tile division that
the requirements of (a)(2)(A) of Section 222 have been met – the
sales and/or production have decreased absolutely at the workers
firm or subdivision and an increase in imports of articles like or
directly competitive with articles produced by the workers’ firm or
subdivision contributed importantly to workers’ separation or
threat of separation and to the decline in the sales or production
of the subject firm or subdivision.
The investigation revealed that sales and employment at the
subject firm declined between 2003 and 2004.
The investigation further revealed that company imports of
vinyl tile increased during the relevant period.
Furthermore, 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 for the vinyl
sheet workers. 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 revealed that in the case of the vinyl sheet
workers that none of the criteria has been met.
The investigation revealed that the vinyl sheet division did
not separate or threaten to separate a significant number or
proportion of workers as required by Section 222 of the Trade Act
of 1974. Significant number or proportion of the workers in a firm
or appropriate subdivision thereof, means that at least three
workers with a workforce of fewer than 50 workers, or five percent
of the workforce in worker groups of 50 or more.
Furthermore, the vinyl sheet division did not experience a
decline in either sales or production 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.
The Department has determined in the case of the tile division
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.
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 of the sheet division are denied eligibility to apply for
TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with vinyl tile produced at Armstrong
World Industries’ Tile Division contributed importantly to the
total or partial separation of workers and to the decline in sales
or production and at that firm or subdivision. In accordance with
the provisions of the Act, I make the following certification:


"All workers of Armstrong World Industries, Lancaster Floor
Plant, Tile Division, Lancaster, Pennsylvania (TA-W-56,433)
who became totally or partially separated from employment on
or after February 4, 2005 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 are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.”
Furthermore, I determine that all workers of Armstrong World
Industries, Lancaster Floor Plant, Sheet Division, Lancaster,
Pennsylvania (TA-W-56,433A) 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 7th day of March 2005.

/s/ Richard church

_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance