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TAW-60850  /  The Alan White Company, Inc. (Stamps, AR)

Petitioner Type: State
Impact Date: 01/29/2006
Filed Date: 01/30/2007
Most Recent Update: 03/28/2007
Determination Date: 03/28/2007
Expiration Date: 05/08/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,850

ALAN WHITE COMPANY
CORPORATE OFFICE
STAMPS, ARKANSAS

Notice of Revised Determination
on Reconsideration

On April 12, 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
20140).
The previous investigation initiated on January 30, 2007,
resulted in a negative determination issued on March 28, 2007,
was based on the finding that workers of the subject firm
performed administrative services and supported production of two
affiliated plants (Sulligent, Alabama and Shannon, Mississippi)
whose workers were recently denied TAA eligibility. The
investigation revealed 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 April
10, 2007 (72 FR 17938).
In the request for reconsideration, the petitioner provided
additional information regarding customers of Sulligent, Alabama
and Shannon, Mississippi plants. Upon further review of the
initial investigation, the Department requested an additional
list of declining customers of these production facilities from a
company official.
The survey of the additional 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, Shannon, Mississippi, and 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, Corporate Office,
Stamps, Arkansas, who became totally or partially separated
from employment on or after January 29, 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 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-60,850

THE ALAN WHITE COMPANY, INC.
CORPORATE OFFICE
STAMPS, ARKANSAS

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 investigation was initiated on January 30, 2007 in
response to a petition filed by the State Rapid Response
Coordinator on behalf of workers of The Alan White Company, Inc.,
Stamps, Arkansas. The workers perform a variety of administrative
services.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a "firm" or appropriate subdivision
that produces an article and there must be a relationship between
the workers' work and the article produced by the workers' firm or
appropriate subdivision. The investigation revealed that although
production of an article(s) occurred within the firm or appropriate
subdivision, the administrative personnel described above support
two plants whose workers have recently been denied TAA eligibility.
Thus the worker group can not be considered import impacted or
affected by a shift in production of an article.
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 all workers of The Alan
White Company, Inc., Stamps, Arkansas 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 (ATAA) under Section 246 of the Trade
Act of 1974.
Signed in Washington, D.C. this 28th day of March, 2007


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





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