DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,101

AMERICAN WOODMARK
HARDY COUNTY PLANT
MOOREFIELD, WEST VIRGINIA

Notice of Negative Determination
on Reconsideration

On November 30, 2007, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on December 11, 2007 (72 FR
70344).
The initial investigation resulted in a negative
determination based on the finding that imports of kitchen
cabinet parts did not contribute importantly to worker
separations at the subject firm and no shift of production to a
foreign source occurred. The investigation also revealed that
the products manufactured at the subject firm are sent to other
affiliated facilities for further finishing and assembly.
The Carpenters Industrial Council, United Brotherhood of
Carpenters and Joiners of America filed a request for
reconsideration in which they contend that the workers of the
subject firm build and assemble the finished products, which does
not require further manufacturing and are sold to customers. The
petitioner also requested that the Department of Labor
investigate whether there was an increase in imports of articles
like or directly competitive with products manufactured at the
subject firm.
The Department contacted a company official to verify products
manufactured at the subject firm and whether the subject firm had
any outside customers. During reconsideration, the company
official provided new information and confirmed that the subject
firm manufactures kitchen cabinet parts and hardwood cabinets which
are sold to outside customers. The official also supplied the
Department with a list of major declining customers who purchased
hardwood cabinets from the subject firm.
The Department of Labor surveyed the major declining customers
of the subject firm regarding their purchases of like or directly
competitive products with hardwood cabinets purchased from the
subject firm in 2005, 2006, and during January through September
2007 over the corresponding 2006 period. The survey revealed that
the customers did not increase their import purchases while
decreasing purchases from the subject firm.
The subject firm did not import hardwood cabinets nor was
there a shift in production from subject firm abroad during the
relevant period.



Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of American
Woodmark, Hardy County Plant, Moorefield, West Virginia.

Signed at Washington, D.C. this 29th day of January, 2008.

/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-62,101

AMERICAN WOODMARK
HARDY COUNTY PLANT
MOOREFIELD, WEST VIRGINIA

Negative Determination 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 September 6, 2007 in
response to a petition filed by the Carpenters Industrial Council,
Local 2101, on behalf of workers of American Woodmark, Hardy County
Plant, Moorefield, West Virginia. Workers at the subject firm
manufacture kitchen cabinet parts.
The investigation revealed that (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not shift the production of kitchen
cabinet parts to a foreign country in 2005, 2006, or in January
through August 2007, nor did it import kitchen cabinet parts during
the relevant period.
The investigation revealed that all of the production at the
Moorefield plant is sent to other American Woodmark facilities for
finishing and assembly. Further findings of the investigation
revealed that petitions have not been filed on behalf of workers of
the firm engaged in the final assembly of the cabinets. Therefore,
the workers of the subject firm cannot be certified as secondarily
affected based on the loss of business supplying a component to a
primary firm whose workers have received a certification
eligibility to apply for adjustment assistance based on the
finished article.
The petitioner alleges that increased imports of kitchen
cabinets contributed to worker separations. Imports of kitchen
cabinets cannot be considered like or directly competitive with the
kitchen cabinet parts produced by this worker group.
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 American Woodmark,
Hardy County Plant, Moorefield, West Virginia, 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 17th day of October 2007

/s/ Linda G. Poole

_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance







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