DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,756

PROGRESSIVE FURNITURE, INC.
A SUBSIDIARY OF SAUDER FURNITURE
CLAREMONT, NORTH CAROLINA

Notice of Revised Determination
on Reconsideration

On August 13, 2010, the Department issued an Affirmative
Determination Regarding Application for Reconsideration applicable
to workers and former workers of Progressive Furniture, Inc., a
Subsidiary of Sauder Furniture, Claremont, North Carolina to apply
for Trade Adjustment Assistance (TAA). The Department’s Notice of
Affirmative Determination was published in the Federal Register on
November 12, 2010 (75 FR 69468). Workers at the subject firm are
engaged in employment related to the supply of decommissioning
services for Progressive Furniture.
Workers of Progressive Furniture producing wooden furniture
were certified eligible to apply for TAA on the basis of increased
company imports of articles like or directly competitive with those
manufactured by the worker group at the subject firm.
During the reconsideration investigation, the Department
determined that the workers at Progressive Furniture, Inc., a
Subsidiary of Sauder Furniture, Claremont, North Carolina, who are
engaged in employment related to the supply of decommissioning
services, have met the criteria of Section 222(a).
Conclusion
After careful review of the facts provided during the initial
investigation, I determine that workers of Progressive Furniture,
Inc., Claremont, North Carolina, who are engaged in employment
related to the supply of decommissioning services, meet the worker
group certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
“All workers of Progressive Furniture, Inc., a Subsidiary of
Sauder Furniture, Claremont, North Carolina, who became
totally or partially separated from employment on or after
March 19, 2009, through two years from the date of this
revised certification, and all workers in the group threatened
with total or partial separation from employment on 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 21st day of January, 2011

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-73,756

PROGRESSIVE FURNITURE, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ONIN STAFFING
A SUSIDIARY OF SAUDER FURNITURE
CLAREMONT, NORTH CAROLINA

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (c) or
(f) of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f). For
the Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm must
have become totally or partially separated or be threatened
with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the component
part produced by the workers’ firm was directly
incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers’ firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers’
firm was directly incorporated have increased.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or supply
of services like or directly competitive with those
produced/supplied by the workers’ firm; OR
(i)(II) there has been an acquisition from a foreign country
by the workers’ firm of articles/services that are like
or directly competitive with those produced/supplied by
the workers’ firm.

III. The third criterion requires that the increase in imports or
shift/acquisition must have contributed importantly to the
workers’ separation or threat of separation. See Sections
222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act, 19 U.S.C.
§§ 2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms “Supplier” and “Downstream Producer.” For the Department to
issue a secondary worker certification under Section 222(c) of the
Act, 19 U.S.C. § 2272(c), to workers of a Supplier or a Downstream
Producer, the following criteria must be met:
(1) 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;

(2) 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

(3) 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.

Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in a category of determination that is listed in
Section 222(f) of the Act, 19 U.S.C. § 2272(f).
The group eligibility requirements for workers of a firm under
Section 222(f) of the Act, 19 U.S.C. § 2272(f), can be satisfied if
the following criteria are met:
(1) the workers’ firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on March 22, 2010 by a company official on behalf of workers
of Progressive Furniture, Inc., a subsidiary of Sauder Furniture,
Claremont, North Carolina. The workers are engaged in activities
related to decommissioning services at a facility formerly
producing furniture. The worker group includes on-site leased
workers from Onin Staffing.
The petitioner alleges that workers at the subject firm
should be certified based on a previous certification (TA-W-
61,907). The investigation included contact with the petitioner
and company officials, and evaluation of information from the
workers’ firm.
With respect to Section 222(a) of the Act, the investigation
revealed that Criterion II and III have not been met. The
subject firm did not import services like or directly competitive
with decommissioning services during the relevant period of the
investigation, nor did it shift or acquire such services from
abroad during the same period.
The subject firm stopped production in September 0f 20007,
outside of the relevant period of this investigation.
With respect to Section 222(c) of the Act, the investigation
revealed that Criterion 2 has not been met. The workers did not
supply a service that was used by a firm with a Trade Adjustment
Assistance (TAA) certification.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the workers’ firm has not been identified in an affirmative
finding of injury by the International Trade Commission.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Progressive Furniture,
Inc., a subsidiary of Sauder Furniture, Claremont, North Carolina
are denied eligibility to apply for adjustment assistance under
Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 19th day of July, 2010

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






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