Denied
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TAW-56825  /  Burns Wood Products, Inc. (Granite Falls, NC)

Petitioner Type: Company
Impact Date:
Filed Date: 03/24/2005
Most Recent Update: 05/12/2005
Determination Date: 05/12/2005
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,825

BURNS WOOD PRODUCTS, INC.
GRANITE FALLS, NORTH CAROLINA

Negative Determinations 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), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualifies as adversely affected
secondary workers as suppliers of component parts to a firm or
subdivision primarily affected by increased imports or a shift in
production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

The investigation was initiated on March 24, 2005, in response
to a petition filed by a company official on behalf of workers at
Burns Wood Products, Inc., Granite Falls, North Carolina. The
workers produce curved wood furniture components.
The investigation revealed that criteria (2) and (3)(A)

have not been met.

Petitioners allege that job losses were due to their firm
losing business as a supplier of component parts to firms that
shifted production abroad or were affected by increased imports.
The investigation revealed, however, that was not the case. The
investigation showed that the customer firms were not certified as
eligible for trade adjustment assistance in the relevant one year
period prior to the date of the petition.
Moreover, the investigation further revealed that there were
no company imports of curved wood furniture components, nor was
there a shift in production from the Granite Falls plant to a
foreign country during the period under investigation.
Additionally, the Department of Labor surveyed major customers
of the subject firm regarding their purchases of curved wood
furniture components in 2003, 2004 and January-March 2005.
Respondents reported either no imports or negligible imports. In
the latter case the negligible imports were accompanied by much
greater increased purchases from the subject firm and other
domestic suppliers.
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 assis-
tance (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 covered
by this petition of Burns Wood Products, Inc., Granite Falls,
North Carolina do not qualify as adversely affected secondary
workers and are denied eligibility to apply for adjustment
assistance under section 223(b) of the Trade Act of 1974, and are
also denied eligibility to apply for alternative trade adjustment
assistance (ATAA) under Section 246 of the Trade Act of 1974.
Signed at Washington, D.C., this 12th day of May, 2005.

/s/ Richard Church

__
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance