DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,770

THOMASVILLE FURNITURE IND.
PLANT #5
CONOVER, NORTH CAROLINA

Notice of Revised Determination
on Reconsideration

By letter dated April 4, 2006 a petitioner requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination signed on March 10, 2006 was based on the finding
that sales and production at the subject facility increased
during the relevant time period and that job losses at the
subject firm were not attributed to increased imports or a shift
of production of upholstered furniture to a foreign source. The
denial notice was published in the Federal Register on April 4,
2006 (71 FR 16834).
To support the request for reconsideration, the petitioner
supplied additional information regarding production at the
subject facility and company imports of like or directly
competitive products with those produced at the subject firm.
The review of the case revealed that sales at the subject
firm decreased from 2004 to 2005. Upon further contact with the
subject firm’s company official, it was revealed that the subject
firm decreased domestic production of upholstered furniture while
increasing its reliance on imports of upholstered furniture
during the relevant time 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 additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Thomasville
Furniture Ind., Plant #5, Conover, North Carolina, contributed
importantly to the declines in sales or production and to the
total or partial separation of workers at the subject firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Thomasville Furniture Ind., Plant #5,
Conover, North Carolina who became totally or partially
separated from employment on or after February 1, 2005
through two years from the date of this certification, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."

Signed in Washington, D.C. this 28th day of April 2006.

/s/ Elliott S. Kushner

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,770

THOMASVILLE FURNITURE IND.
PLANT #5
CONOVER, 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, 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 February 1, 2006, in
response to a petition filed on behalf of workers of Thomasville
Furniture Ind., Plant # 5, Conover, North Carolina. The workers
produce leather upholstered furniture.
The investigation revealed that criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) have not been met.
Production at the subject facility increased in 2005 compared
with 2005. In addition, corporate sales of upholstered furniture
also increased.
Worker separations are not attributable to increases in
imports or a shift in production to a foreign country, but rather
to a domestic shift of production from Plant # 5 to another company
owned facility in the United States.
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.
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 of the facts obtained in the
investigation, I determine that all workers of Thomasville
Furniture Ind., Plant # 5, Conover, North Carolina are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 10th day of March 2006

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance