DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,968

THE LONGABERGER COMPANY
GLOBAL PROCUREMENT TEAM
NEWARK, OHIO

TA-W-62,968A

THE LONGABERGER COMPANY
BASKET DEPARTMENT
FRAZEYSBURG, OHIO

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 March 6, 2008, in
response to petitions filed on behalf of fabric category
technicians at The Longaberger Company, Global Procurement,
Newark, Ohio (TA-W-62,968), and on behalf of workers
producing handcrafted wood baskets at The Longaberger
Company, Basket Division, Frazeysburg, Ohio (TA-W-62,968A).
The investigation determined that criteria
(a)(2)(A)(I.C.) and (a)(2)(B)(II.B.) have not been met for
workers of the firm.
The Longaberger Company, Global Procurement, Newark, Ohio
(TA-W-62,968)
The investigation revealed that the fabric category
technicians create technical patterns, packets, and
specifications for fabric liners used by the firm for
handcrafted wood baskets. These workers are in the Global
Procurement section of the Home Office and are separately
identifiable from other workers at the Home Office.
The Longaberger Company did not import technical
patterns, packets, or specifications or shift the
development of technical patterns, packets, and
specifications for basket liners to a foreign country. The
investigation determined that The Longaberger Company
contracted with another domestic firm to develop the
technical patterns, packets, and specifications for basket
liners. The vendor has moved that work abroad to support
the foreign production of basket liners. Although, the
subject firm relies on imported fabric liners to compliment
the handcrafted wood baskets produced and sold by The
Longaberger Company, imports of fabric liners cannot be
considered like or directly competitive with the technical
patterns, packets, or specifications for basket liners.
The Longaberger Company, Basket Division, Frazeysburg, Ohio
(TA-W-62,968A)
Employment and sales of handcrafted wood baskets at
The Longaberger Company, Basket Division, Frazeysburg,
Ohio, declined in 2007 when compared to 2006, and in
January through February 2008 when compared to the
corresponding 2007 period.
The subject firm did not import wood baskets, or shift
production of wood baskets to a foreign country in 2006,
2007, or in January through February 2008.
The handcrafted wood baskets are not sold through
retail or wholesale channels. They are marketed and sold
by individuals sponsoring in-home shows.
Imports of wood baskets are not separately identified
in the Harmonized Tariff Schedule, but would be classified
in "Articles of wood, not elsewhere specified or included."
The value of imports for that import category declined from
2006 to 2007 and in the first three months of 2008 when
compared to the same period of 2007.
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 Longaberger Company, Global Procurement, Newark, Ohio
(TA-W-62,968), and The Longaberger Company, Basket
Division, Frazeysburg, Ohio (TA-W-62,968A), 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 30th day of May, 2008.


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