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TAW-61423E  /  Lane Furniture Industries, Inc. (Belden, MS)

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,423C

LANE FURNITURE INDUSTRIES, INC.
A SUBSIDIARY OF FURNITURE BRANDS INTERNATIONAL, INC.
UPHOLSTERY DIVISION
PONTOTOC, MISSISSIPPI

Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC 2813),
as amended, the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on June 11, 2007,
applicable to workers of Lane Furniture Industries, Inc.,
Upholstery Division, Pontotoc, Mississippi. The notice was
published in the Federal Register on June 28, 2007 (72 FR 35516).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers are
engaged in the production of reclining chairs, as well as
upholstered motion and stationary sofas.
New information shows that Furniture Brands International,
Incorporated is the parent firm of Lane Furniture Industries, Inc.
Workers wages at the subject firm are being reported under the
Unemployment Insurance (UI) tax account for Furniture Brands
International, Incorporated.
Accordingly, the Department is amending this certification to
properly reflect this matter.
The intent of the Department’s certification is to include all
workers of Lane Furniture Industries, Inc., a subsidiary of
Furniture Brands International, Inc., Upholstery Division,
Pontotoc, Mississippi who were adversely affected by increased
imports of upholstered motion and stationary sofas and recliners.
The amended notice applicable to TA-W-61,423C is hereby issued
as follows:
"All workers of Lane Furniture Industries, Inc., a subsidiary
of Furniture Brands, Inc., Upholstery Division, Pontotoc,
Mississippi (TA-W-61,423C), who became totally or partially
separated from employment on or after April 30, 2006 through
June 11, 2009 are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.”
Signed in Washington, D.C., this 21st day of October 2009

/s/ Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,423

LANE FURNITURE INDUSTRIES, INC.
UPHOLSTRY DIVISION
TUPELO, MISSISSIPPI

TA-W-61,423A

LANE FURNITURE INDUSTRIES, INC.
CORPORATE OFFICE
TUPELO, MISSISSIPPI

TA-W-61,423B

LANE FURNITURE INDUSTRIES, INC.
WOOD DIVISION
NETTLETON, MISSISSIPPI

TA-W-61,423C

LANE FURNITURE INDUSTRIES, INC.
UPHOLSTRY DIVISION
PONTOTOC, MISSISSIPPI

TA-W-61,423D

LANE FURNITURE INDUSTRIES, INC.
UPHOLSTRY DIVISION
SALTILLO, MISSISSIPPI

TA-W-61,423E

LANE FURNITURE INDUSTRIES, INC.
UPHOLSTRY DIVISION
BELDEN, MISSISSIPPI

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 May 2, 2007, in response to
a petition filed by a company official on behalf of workers of Lane
Furniture Industries, Inc., Upholstery Division, Tupelo,
Mississippi (TA-W-61,423), Lane Furniture Industries, Inc.,
Corporate Office, Tupelo, Mississippi (TA-W-61,423A), Lane
Furniture Industries, Inc., Wood Division, Nettleton, Mississippi
(TA-W-61,423B), Lane Furniture Industries, Inc., Upholstery
Division, Pontotoc, Mississippi (TA-W-61,423C), Lane Furniture
Industries, Inc., Upholstery Division, Saltillo, Mississippi
(TA-W-61,423D), and Lane Furniture Industries, Inc., Upholstery
Division, Belden, Mississippi (TA-W-61,423E). The workers are
engaged in production of upholstered motion and stationary sofas
and recliners, with one of the aforementioned locations serving as
a distribution center for wood case goods. Workers are not
separately identifiable by product, but rather location.
With respect to workers of Lane Furniture Industries, Inc.,
Upholstery Division, Pontotoc, Mississippi (TA-W-61,423C) engaged
in the production of reclining chairs, as well as upholstered
motion and stationary sofas, it is determined that the requirements
of (a)(2)(A) are met.
Employment, sales, and production at the subject firm declined
during the period of January through April 2007, when compared to
the same time period in 2006.
The investigation revealed that the subject firm increased
imports of upholstered motion and stationary sofas and recliners
during the period of January through April 2007, when compared to
the same time period in 2006.
With respect to workers of Lane Furniture Industries, Inc.,
Upholstery Division, Tupelo, Mississippi (TA-W-61,423), Lane
Furniture Industries, Inc., Corporate Office, Tupelo, Mississippi
(TA-W-61,423A), Lane Furniture Industries, Inc., Wood Division,
Nettleton, Mississippi (TA-W-61,423B), Lane Furniture Industries,
Inc., Upholstery Division, Saltillo, Mississippi (TA-W-61,423D),
and Lane Furniture Industries, Inc., Upholstery Division, Belden,
Mississippi (TA-W-61,423E), it is determined that criteria
(a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) have not been met.
Workers of Lane Furniture Industries, Corporate Office,
Tupelo, Mississippi, are currently covered by a certification of
eligibility to apply for adjustment assistance under petition
number TA-W-57,289, which expires July 5, 2007. The current
investigation revealed that no additional worker separations are
expected.
The investigation further revealed that Lane Furniture
Industries, Inc., Upholstery Division, Tupelo, Mississippi (TA-W-
61,423), Lane Furniture Industries, Inc., Upholstery Division,
Saltillo, Mississippi (TA-W-61,423D), and Lane Furniture
Industries, Inc., Upholstery Division, Belden, Mississippi (TA-W-
61,423E), did not separate or threaten to separate a significant
number or proportion of workers as required by Section 222 of the
Trade Act of 1974.
Significant number or proportion of the workers in a firm or
appropriate subdivision means at least three workers in a workforce
of fewer than 50 workers, five percent of the workers in a
workforce of over 50 workers, or at least 50 workers.
With respect to workers of Lane Furniture Industries, Inc.,
Wood Division, Nettleton, Mississippi (TA-W-61,423B), the
investigation revealed that the workers do not produce an article
within the meaning of Section 222(a) of the Trade Act.
The workers of the subject firm in Nettleton, Mississippi,
warehouse and distribute imported wood casegoods. The subject firm
does not manufacture wood casegoods domestically. 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 domestically 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 workers do not support this production. Thus, the
worker group cannot be considered import impacted or affected by a
shift in production of an article.
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 for employees of Lane Furniture Industries, Inc.,
Upholstery Division, Pontotoc, Mississippi (TA-W-61,423C).
A significant number of workers at the firm’s Upholstery
Division in Pontotoc, Mississippi are age 50 or over and possess
skills that are not easily transferable. Competitive conditions
within the industry are adverse.
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 of Lane Furniture Industries, Inc., Upholstery Division,
Tupelo, Mississippi (TA-W-61,423), Lane Furniture Industries, Inc.,
Corporate Office, Tupelo, Mississippi (TA-W-61,423A), Lane
Furniture Industries, Inc., Wood Division, Nettleton, Mississippi
(TA-W-61,423B), Lane Furniture Industries, Inc., Upholstery
Division, Saltillo, Mississippi (TA-W-61,423D), and Lane Furniture
Industries, Inc., Upholstery Division, Belden, Mississippi (TA-W-
61,423E), 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 increases in imports of articles
like or directly competitive with recliners and upholstered motion
and stationary sofas produced by Lane Furniture Industries, Inc.,
Upholstery Division, Pontotoc, Mississippi (TA-W-61,423C),
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:
"All workers of Lane Furniture Industries, Inc., Upholstery
Division, Pontotoc, Mississippi (TA-W-61,423C), who became
totally or partially separated from employment on or after
April 30, 2006, 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 are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974;”
and



I further determine that all workers of Lane Furniture
Industries, Inc., Upholstery Division, Tupelo, Mississippi (TA-W-
61,423); Lane Furniture Industries, Inc., Corporate Office, Tupelo,
Mississippi (TA-W-61,423A), excluding those covered by TA-W-57,289
through July 5, 2007; Lane Furniture Industries, Inc., Wood
Division, Nettleton, Mississippi (TA-W-61,423B); Lane Furniture
Industries, Inc., Upholstery Division, Saltillo, Mississippi (TA-W-
61,423D); and Lane Furniture Industries, Inc., Upholstery Division,
Belden, Mississippi (TA-W-61,423E), 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 11th day of June 2007

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





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