DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,548

ALAN WHITE COMPANY
SULLIGENT, ALABAMA

Notice of Revised Determination
on Reconsideration

On April 13, 2007, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
was published in the Federal Register on April 23, 2007 (72 FR
20139).
The previous investigation initiated on December 7, 2006,
resulted in a negative determination issued on March 8, 2007, was
based on the finding that imports of upholstered furniture did
not contribute importantly to worker separations at the subject
firm and no shift of production to a foreign source occurred.
The denial notice was published in the Federal Register on March
22, 2007 (72 FR 13528).
In the request for reconsideration, the petitioner provided
additional information regarding the subject firm’s customers.
Upon further review of the initial investigation, the Department
requested from a company official an additional list of declining
customers of the subject firm.
A survey of these customers revealed that a major declining
customer increased its imports of upholstered furniture during
the relevant period. The imports accounted for a meaningful
portion of the subject plant’s lost sales and production.
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 Alan White
Company, Sulligent, Alabama, 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 Alan White Company, Sulligent, Alabama, who
became totally or partially separated from employment on or
after November 22, 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 8th day of May 2007.


/s/ Elliott S. Kushner

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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,548

ALAN WHITE COMPANY
SULLIGENT, ALABAMA

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 December 7, 2006 in
response to a petition filed on behalf of workers at Alan White
Company, Sulligent, Alabama. The workers at the subject facility
produce upholstered furniture.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import upholstered furniture.
Petitioners alleged that work had been shifted to Mexico.
However, the amount shifted to Mexico was not significant and ended
prior to the closing of the subject plant in December, 2006. Thus
it did not contribute importantly to worker separations.
The Department of Labor surveyed the subject firm’s primary
customers regarding purchases of upholstered furniture in 2004,
2005, and January through November, 2006. The survey revealed
decreasing customer imports.
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 Alan White Company,
Sulligent, Alabama 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 8th day of March 2007
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance





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