Petitioner Type: Workers
Impact Date: 01/31/2004
Filed Date: 02/04/2005
Most Recent Update: 03/04/2005
Determination Date: 03/04/2005
Expiration Date: 03/04/2007
Employment and Training Administration
TA-W-56,504
ENGLAND,INC.
BOONEVILLE, MISSISSIPPI
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply
For 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) of
Section 222 have been met.
The investigation was initiated on February 4, 2005, in
response to a petition filed on behalf of workers of England, Inc.,
Booneville, Mississippi. The workers at the subject firm produce
upholstered furniture; they are not separately identifiable.
The investigation revealed that sales, production and
employment at the subject firm declined absolutely on October 8,
2004 when the subject firm closed the location.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of upholstered furniture in
2003, 2004 and January 2005. These surveys revealed increases in
customer imports of this product during the relevant period.
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 group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been
met. The investigation revealed that the workers' skills are easily
transferable.
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 the subject firm
contributed importantly to the decline in sales or production and to
the total or partial separation of workers of that firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of England, Inc., Booneville, Mississippi who
became totally or partially separated from employment on or
after January 31, 2004 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
I further determine that all workers of England, Inc.,
Booneville, Mississippi are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed at Washington, D.C., this 4th day of March 2005.
/s/ Linda G. Poole
__________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance