Denied
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TAW-60258  /  Woodbridge Foam Corporation (Lithonia, GA)

Petitioner Type: Workers
Impact Date:
Filed Date: 10/18/2006
Most Recent Update: 11/30/2006
Determination Date: 11/30/2006
Expiration Date:


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,258

WOODBRIDGE FOAM CORPORATION
ATLANTA PLANT
LITHONIA, GEORGIA

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 October 18, 2006 in
response to a petition filed on behalf of workers of Woodbridge
Foam Corporation, Atlanta Plant, Lithonia, Georgia. The workers at
the subject firm are produce molded foam products.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the subject firm did not
import molded foam products or shift its production abroad in 2004,
2005, or in the fiscal period of November through July 2006.
The Department of Labor determined that workers could not be
considered an upstream supplier to a trade adjustment assistance
certified primary customer, based on the nature of their customer's
certification, an upstream supplier to a primary firm.
The Department also surveyed said customer regarding purchases
of molded foam products. This customer reported no imports during
the relevant period.
Furthermore, sales and production at the subject firm
increased in fiscal period November 2005 through July 2006 when
compared to the same period in 2005.
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 during this
investigation, I determine that workers of Woodbridge Foam
Corporation, Atlanta Plant, Lithonia, Georgia 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 30th day of November 2006

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