Denied
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TAW-62365  /  WestPoint Home, Inc. (Biddeford, ME)

Petitioner Type: Company
Impact Date:
Filed Date: 10/26/2007
Most Recent Update: 11/26/2007
Determination Date: 11/26/2007
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,365

WEST POINT HOME INC.
BED DIVISION
BIDDEFORD, MAINE

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 26, 2007, in
response to a petition filed by a company official on behalf of
workers of West Point Home Inc., Bed Division, Biddeford, Maine.
The workers at the subject firm produce flocked blankets.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) were not met.
Workers of the subject firm are certified eligible to apply
for trade adjustment assistance based on increased customer imports
of blankets, under petition number TA-W-58,254, which expires on
December 5, 2007.
This investigation determined that there are no planned worker
separations after the December 5, 2007, expiration of the above
referenced certification. Should circumstances change, a new
petition may be filed on behalf of workers of West Point Home Inc.,
Bed Division, Biddeford, Maine.
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 this
investigation, I determine that all workers of West Point Home
Inc., Bed Division, Biddeford, Maine, who become separated from
employment on or after December 6, 2007, 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 26th day of November 2007


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