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TAW-60825  /  Golden Ratio Woodworks (Emigrant, MT)

Petitioner Type: Workers
Impact Date: 01/23/2006
Filed Date: 01/25/2007
Most Recent Update: 05/01/2007
Determination Date: 05/01/2007
Expiration Date: 06/27/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,825

GOLDEN RATIO WOODWORKS
EMIGRANT, MONTANA


Notice of Revised Determination
on Reconsideration

On June 11, 2007, the Department of Labor (Department)
issued an Affirmative Determination Regarding Application for
Reconsideration for the workers and former workers of Golden
Ratio Woodworks, Emigrant, Montana (the subject firm). The
Department’s Notice of affirmative determination was published in
the Federal Register on June 20, 2007 (72 FR 34047).
The negative determination was issued on May 1, 2007. The
Department’s Notice of determination was published in the Federal
Register on May 17, 2007 (72 FR 27855). Workers produce massage
tables, chairs, and accessories.
The negative determination was based on the Department’s
findings that production at the subject firm ceased to operate in
January 2007, that the subject firm did not shift production
abroad, and that the subject firm’s major declining customers’
imports did not contribute importantly to workers’ separations.
In the request for reconsideration, the workers alleged that
increased subject firm imports and increased foreign competition
contributed to workers’ separations.

On reconsideration, the Department received information that
confirmed that the subject firm licensed the patents to another
company to produce articles previously produced at the subject
facility.
During the reconsideration investigation, the Department
received new information from the company official regarding the
status of the subject firm and the relationship between the
subject firm and the company licensed to produce the subject
firm’s products (hereafter referred to as “the partner”). The
subject firm did not cease to exist, but has entered into an
agreement with the partner. In this relationship, the subject
firm sells its products and the partner produces them under the
“Golden Ratio” brand at its manufacturing facilities.
During the reconsideration investigation, the Department
also received information that the subject firm separated all
production workers, that production ceased absolutely, and that a
significant majority of the production at the subject firm was
replaced with articles produced in China.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department herein presents the results of
its investigation regarding certification of eligibility to apply
for ATAA. The Department has determined in this case that the
group eligibility 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 information obtained in the
reconsideration investigation, I determine that workers of Golden
Ratio Woodworks, Emigrant, Montana, qualify as adversely affected
workers under Section 222 of the Trade Act of 1974, as amended.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Golden Ratio Woodworks, Emigrant, Montana,
who became totally or partially separated from employment on
or after January 23, 2006, 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 at Washington, D.C. this 27th day of June 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-60,825

GOLDEN RATIO WOODWORKS
EMIGRANT, MONTANA

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
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 in response to a petition
received on January 25, 2007, and filed on behalf of workers at
Golden Ratio Woodworks, Emigrant, Montana. The workers produced
massage tables, chairs, and accessories.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import massage tables, chairs, and accessories in 2005 or 2006.
Furthermore, the investigation revealed that the subject firm
did not shift production of its massage tables, chairs, and
accessories abroad during the relevant period.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of massage tables,
chairs, and accessories. The survey revealed that imports of
massage tables, chairs, and accessories did not contribute
importantly to layoffs at the subject firm during the relevant
period.
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, I determine that workers of Golden Ratio
Woodworks, Emigrant, Montana, 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 1st day of May, 2007


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance







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