DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,251

FOAMEX LP
CONSUMER PRODUCTS GROUP
INCLUDING ON-SITE LEASED WORKERS OF TEC STAFFING
FORT SMITH, ARKANSAS

Certification 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 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 November 2, 2005, in
response to a petition filed by a state agency on behalf of workers
of Foamex LP, Consumer Products Group, Fort Smith, Arkansas. The
workers produce bean bags, juvenile furniture, video rockers,
mattresses, mattress pads and pillows. The workers are not
separately identifiable by product line.
The investigation revealed that Foamex LP, Consumer Products
Group, Fort Smith, Arkansas also leased workers from TEC Staffing
to produce bean bags, juvenile furniture, video rockers,
mattresses, mattress pads and pillows.
The investigation revealed that sales, production and
employment declined during the relevant period.
The Department of Labor surveyed the subject firms' major
declining customers regarding their purchases of bean bags,
juvenile furniture, video rockers, mattresses, mattress pads and
pillows during 2003, 2004 and January through September 2005 over
the corresponding 2004 period. The survey revealed that customers
increased their imports of bean bags, juvenile furniture, video
rockers, mattresses, mattress pads and pillows during the period
relevant period.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case 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.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of bean bags,
juvenile furniture, video rockers, mattresses, mattress pads and
pillows produced by Foamex LP, Consumer Products Group, Fort Smith,
Arkansas contributed importantly to the total or partial separation
of workers and to the decline in sales or production at that firm
or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of at Foamex LP, Consumer Products Group, Fort
Smith, Arkansas, including leased workers of TEC Staffing
working at Foamex LP, Consumer Products Group, Fort Smith,
Arkansas who became totally or partially separated from
employment on or after November 1, 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 are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C., this 13th day of December, 2005.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance