U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,669

CENTURY FURNITURE, LLC
CHAIR UPHOLSTERY CAMPUS AND UPHOLSTERY DIVISION
HICKORY, NORTH CAROLINA

Notice of Affirmative Determination
Regarding Application for Reconsideration

By applications dated February 9, 2009, a company official
requested administrative reconsideration of the Department of
Labor’s Notice of Negative Determination Regarding Eligibility to
Apply for Worker Adjustment Assistance, applicable to workers and
former workers of the subject firm. The denial notice was signed
on January 12, 2009 and published in the Federal Register on
February 2, 2009 (74 FR 5871).
The initial investigation resulted in a negative
determination based on the finding that criteria (a)(2)(A)(I.A)
and (a)(2)(B)(II.A) have not been met. The investigation
revealed that the subject firm did not separate or threaten to
separate a significant number or proportion of workers as
required by Section 222 of the Trade Act of 1974.
In the request for reconsideration, the petitioner provided
additional information regarding employment and layoffs at the
subject firm.
The Department has carefully reviewed the request for
reconsideration and the existing record and has determined that
the Department will conduct further investigation.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
Department of Labor's prior decision. The application is,
therefore, granted.
Signed in Washington, D.C., this 13th day of March, 2009.

/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-64,669

CENTURY FURNITURE, LLC
CHAIR UPHOLSTERY CAMPUS AND UPHOLSTERY DIVISION
HICKORY, NORTH CAROLINA

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 December 15, 2008, in
response to a petition filed by a company official on behalf of
workers of Century Chair, LLC, Chair Upholstery Campus and
Upholstery Division, Hickory, North Carolina. The workers produce
upholstered furniture.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B) (II.A) have not been met.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or
proportion of workers as required by Section 222 of the Trade Act
of 1974. Significant number or proportion of the workers in a
firm or appropriate subdivision means at least three workers in a
workforce of fewer than 50 workers, five percent of the workers
in a workforce of over 50 workers, or at least 50 workers.
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 assis-
tance (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 Century Chair,
LLC, Chair Upholstery Campus and Upholstery Division, Hickory,
North Carolina, 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 12th day of January 2009

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







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