DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,306

BERNHARDT FURNITURE COMPANY
PLANT 3
CONTRACT OFFICE FURNITURE DIVISION
LENOIR, NORTH CAROLINA

Negative Determination Regarding Eligibility
To Apply for Worker 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 June 3, 2005 in response
to a petition filed on behalf of workers of Bernhardt Furniture
Company, Plant 3, Contract Office Furniture Division, Lenoir,
North Carolina. The workers produce office desks, conference
tables and work centers; workers are not separately identifiable
by product line.
The investigation revealed that criteria (a) (2) (A) (I.B)
and (a)(2)(B)(II.B) were not met.
The investigation revealed that sales and production of
office desks, conference tables and work centers increased from
2003 to 2004 and during the period of January through March 2005
when compared to the same period in 2004.
The investigation also revealed that employment at the
subject facility increased during the relevant period.
Furthermore, the subject facility did not shift production
of office desks, conference tables and work centers to a foreign
country during the relevant period.
Conclusion
After careful review, I determine that all workers of Bernhardt
Furniture Company, Plant 3, Contract Office Furniture Division,
Lenoir, North Carolina are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C. this 30th day of June 2005.

/s/ Linda G. Poole

_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance