Petitioner Type: Company
Impact Date: 12/15/2004
Filed Date: 12/22/2005
Most Recent Update: 01/30/2006
Determination Date: 01/30/2006
Expiration Date: 01/30/2008
Employment and Training Administration
TA-W-58,539
FOAMEX L.P.
CONSUMER PRODUCTS GROUP (CPG) DIVISION
STOCKERTOWN, PENNSYLVANIA
TA-W-58,539A
FOAMEX L.P.
CONSUMER PRODUCTS GROUP (CPG) DIVISION
COMPTON, CALIFORNIA
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 December 22, 2005 in
response to a petition filed by a company official on behalf of
workers of Foamex L.P., Consumer Product Groups (CPG), Stockertown,
Pennsylvania. Workers at the subject firm produce foam mattresses,
foam pads & pillows, beanbags, flip chairs, juvenile sofas, and
fiber pillows.
At the request of a company official, the petition
investigation was expanded to include workers producing foam
mattresses, foam pads & pillows, beanbags, flip chairs, juvenile
sofas, and fiber pillows at Foamex L.P., Consumer Products Group
(CPG), Compton, California (TA-W-58,539A).
The investigation revealed that employment, sales, and
production at the subject firms declined during the period of
January through November 2005 when compared to the same period in
2004.
The Department of Labor surveyed the subject firms’ major
declining customer regarding their purchases of foam mattresses,
foam pads & pillows, beanbags, flip chairs, juvenile sofas, and
fiber pillows. This survey revealed increased imports of foam
mattresses, foam pads & pillows, beanbags, flip chairs, juvenile
sofas, and fiber pillows during the 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 firms are age 50 or
over and do not possess skills that are easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with foam mattresses, foam pads &
pillows, beanbags, flip chairs, juvenile sofas, and fiber pillows
produced at Foamex L.P., Consumer Products Group (CPG),
Stockertown, Pennsylvania (TA-W-58,539) and Foamex L.P., Consumer
Products Group (CPG) Division, Compton, California (TA-W-58,539A)
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 Foamex L.P., Consumer Products Group (CPG),
Stockertown, Pennsylvania (TA-W-58,539) and Foamex L.P.,
Consumer Products Group (CPG) Division, Compton, California
(TA-W-58,539A) who became December 15, 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 30th day of January 2006
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance