DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,677

T.L. BAYNE COMPANY, INCORPORATED
HARLAN, KENTUCKY

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), as amended, the Department of Labor herein presents
the results of its investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(A) of Section 222 have been met.
The investigation was initiated on July 7, 2008 in response
to a petition filed by a company official on behalf of the
workers of T.L. Bayne Company, Incorporated, Harlan, Kentucky.
The workers are engaged in the production of upholstered living
room furniture.

The investigation also revealed employment and sales at the
subject facility decreased during 2007 over 2006, and January
through June 2008 over the corresponding 2007 period.
The Department of Labor surveyed the subject firm's major
customers regarding purchases of upholstered furniture in 2006,
2007 and January through July 2008 over the corresponding 2007
period. The survey revealed an increased reliance on imported
upholstered furniture purchases during the relevant period.
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.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with upholstered living room
furniture produced by T.L. Bayne Company, Incorporated, Harlan,
Kentucky, 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 T.L. Bayne Company, Incorporated, Harlan,
Kentucky, who became totally or partially separated from
employment on or after July 10, 2007 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."
Signed in Washington, D.C., this 23rd day of September 2008.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance