DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,947

SUPREME FOAM, INC.
ARCHDALE, NORTH CAROLINA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a firm
under Section 222(c) of the Trade Act, 19 U.S.C. § 2272(c), can
be satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on November 25, 2009, by a company official on behalf of
workers of Supreme Foam, Inc., Archdale, North Carolina (Supreme
Foam). The workers produced component parts, foam and cushions,
for the furniture industry.
On June 16, 2010, the Department issued a Notice of
Termination of Investigation. After the investigation was
terminated, however, the Department received relevant
information. Because no final determination was issued on the
petition, the Department acted upon the information provided.
The information shows that the workers of Supreme Foam, who
were engaged in employment related to the production of
component parts for the furniture industry, meet the criteria
as Suppliers for secondary worker certification.
Criterion I has been met because a significant proportion
or number of workers at Supreme Foam were totally separated.
All workers were separated from employment by October 31, 2009
when the facility ceased to operate.
Criterion II has been met because Supreme Foam produced
and sold component parts, foam and cushions, to a firm that
employed a worker group who is eligible to apply for Trade
Adjustment Assistance (TAA) and the component parts were
directly incorporated into the article that was the basis for
the TAA certification.
Criterion III has been met because the loss of business
by Supreme Foam with the firm that employed the TAA-certified
worker group, with respect to foam and cushions sold to the
firm, contributed importantly to worker separations at the
Archdale, North Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Supreme Foam, Inc.,
Archdale, North Carolina, who were engaged in employment related
to the production of foam and cushions, meet the worker group
certification criteria under Section 222(c) of the Act, 19
U.S.C. § 2272(c). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:

"All workers of Supreme Foam, Inc., Archdale, North
Carolina, who became totally or partially separated from
employment on or after November 17, 2008, through two years
from the date of certification, and all workers in the
group threatened with total or partial separation from
employment on the date of certification through two years
from the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the
Trade Act of 1974, as amended."
Signed in Washington, D.C., this 28th day of September, 2010


/s/Del Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance