DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,359

CUSTOM INLAY, INC.
CANEYVILLE, KENTUCKY

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 October 25, 2007 in
response to a petition filed by a company official on behalf of
workers of Custom Inlay, Inc., Caneyville, Kentucky. The workers
produce mother of pearl inlays used ornamentally on billiard tables
and some musical instruments.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
The investigation revealed that there were no company imports
of mother of pearl inlays, nor was there a shift in production from
the Caneyville, Kentucky plant to a foreign country during the
period under investigation.
The Department of Labor surveyed the subject firm's major
customers regarding purchases of mother of pearl inlays in 2005,
2006, and January through September 2007. The survey revealed no
imports in the relevant time period.
Petitioners allege business has been lost because many of the
customers of Custom Inlay, Inc. were billiard companies which had
to close because of overseas competition. Although billiard tables
may contain mother of pearl inlays, any tables that may have been
imported cannot be considered like or directly competitive with
mother of pearl inlays.
In addition, the investigation revealed that declines in sales
and employment at the subject firm were not caused importantly by a
loss of business as a supplier to a firm whose workers are
currently under certification for adjustment assistance. Thus
workers do not qualify as secondarily affected.
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 Custom
Inlay, Inc., Caneyville, Kentucky 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 7th day of December, 2007

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