DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,924

MILLER DESK, INC.
HIGH POINT, NORTH CAROLINA

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 March 1, 2006, in response
to a petition filed by a company official on behalf of workers of
Miller Desk, Inc., High Point, North Carolina. The workers
manufacture wood case goods and upholstered seating, and are
separately identifiable by product.
In regards to workers at the subject firm engaged in the
production of wood case goods, it is determined that the
requirements of (a)(2)(A) are met.
Employment at the subject firm in the wood case goods division
declined in January through February 2006.
Sales and production of the wood case goods at the subject
firm declined from 2004 to 2005, and during the period of January
through February 2006, when compared to the same time period in
2005.
The investigation revealed that the subject firm increased
imports of wood case goods from 2004 to 2005, and in January
through February 2006.
In regards to workers at the subject firm engaged in the
production of upholstered seating, it is determined that the
requirements of (a)(2)(A)(I.B) and (a)(2)(B)(II.B) have not been
met.
The investigation revealed that the subject firm did not
experience a decline in sales or production of upholstered seating
during the relevant period.
The investigation further revealed that Miller Desk, Inc., did
not shift production of upholstered seating to a foreign country in
2004, 2005 or in January through February 2006.
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.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion number two has
not been met for workers producing casegoods at Miller Desk, Inc.,
High Point, North Carolina.
The skills of the workers producing casegoods at the subject
firm are easily transferable to other positions in the local area.
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 producing upholstered seating are denied eligibility
to apply for TAA, they cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases in imports of wood case
goods produced by Miller Desk, Inc., High Point, North Carolina
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:
"Workers of Miller Desk, Inc., High Point, North Carolina,
engaged in employment related to the production of wood case
goods, who became totally or partially separated from
employment on or after February 3, 2005 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
I further determine that workers of Miller Desk, Inc., High
Point, North Carolina, engaged in employment related to the
production of wood case goods are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
I further determine that workers of Miller Desk, Inc., High
Point, North Carolina, engaged in employment related to the
production of upholstered seating 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 April 2006

/s/Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance