Petitioner Type: Workers
Impact Date:
Filed Date: 03/31/2011
Most Recent Update: 06/03/2011
Determination Date: 06/03/2011
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,082
UNITED FURNITURE INDUSTRIES
CUT AND SEW DEPPARTMENTS
AMORY, MISSISSIPPI
Notice of Negative Determination
on Reconsideration
The initial investigation, initiated March 31, 2011, resulted
in a negative determination, issued on June 3, 2011, that was based
on the finding that Criterion (1) has not been met because a
significant number or proportion of the workers in such workers’
firm, have not become totally or partially separated, nor are they
threatened to become totally or partially separated. The
determination was applicable to workers and former workers of
United Furniture Industries, Amory, Mississippi. The notice of
negative determination was published in the Federal Register on
June 17, 2011 (76 FR 35476). United Furniture Industries
produces furniture. The petitioners state they were separated on
January 17, 2011.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
Based on a careful review of previously-submitted information,
including the petition, the Department determines that the subject
worker group consists of workers and former workers of United
Furniture Industries, Cut and Sew Departments, Amory, Mississippi.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that there was
not a significant employment decline or threat of separations at
United Furniture Industries, Cut and Sew Departments, Amory,
Mississippi (subject firm) during the relevant period.
With respect to Section 222(a) and Section 222(b) of the Act,
the investigation revealed that Criterion (1) has not been met
because a significant number or proportion of the workers at the
subject firm have not become totally or partially separated, nor
are they threatened to become totally or partially separated.
Further, overall employment within the subject firm increased in
2010 from 2009 levels and increased during January through February
2011 compared to end of year 2010 levels.
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been met because Criterion (1) has not
been met since the workers’ firm has not been publically identified
by name by the International Trade Commission as a member of a
domestic industry in an investigation resulting in an affirmative
finding of serious injury, market disruption, or material injury,
or threat thereof.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of United
Furniture Industries, Cut and Sew Departments, Amory, Mississippi,
to apply for adjustment assistance, in accordance with Section 223
of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 18th day of November, 2011
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,082
UNITED FURNITURE INDUSTRIES
AMORY, MISSISSIPPI
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 (“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) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). 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
criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that 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
(2) 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) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase described in clause (ii) contributed
importantly to such workers’ separation or threat of
separation and to the decline in the sales or
production of such firm or subdivision.
(B) Shift in Production Path:
(i) 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
(ii)(I) 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;
(II)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
(III)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.
For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), 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 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.
Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on March 30, 2011 by workers of United Furniture Industries,
Amory, Mississippi (UFI). The workers’ firm is engaged in
activities related to the production of upholstered furniture. The
subject worker group is engaged in production of cutting and
sewing of fabric for sofas, loves, chairs, sleepers, motion
furniture and recliners.
The petitioner alleged on the petition “the production of
the cutting and sewing has decreased over the years because of
kits being imported in from China.” Therefore, has resulted in
reduction of hours and work at the firm.
During the course of the investigation, information was
collected from the workers’ firm, which revealed the subject firm
did not show a significant number or proportion of the worker group
was separated in January through February 2011, when compared to
the same period in 2010.
With respect to Section 222(a) and Section 222(b) of the Act,
the investigation revealed that Criterion (1) has not been met
because a significant number or proportion of the workers in such
workers’ firm have not become totally or partially separated and
are not threatened with such separation.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance. 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 United Furniture
Industries, Amory, Mississippi, who are engaged in activities
related to the production of upholstered furniture, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, as amended, and are also denied eligibility
to apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974, amended.
Signed in Washington, D.C. this 3rd day of June, 2011
/s/Del Min Amy Chen___________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-80,082
UNITED FURNITURE INDUSTRIES
CUT AND SEW DEPPARTMENTS
AMORY, MISSISSIPPI
Notice of Negative Determination
on Reconsideration
The initial investigation, initiated March 31, 2011, resulted
in a negative determination, issued on June 3, 2011, that was based
on the finding that Criterion (1) has not been met because a
significant number or proportion of the workers in such workers’
firm, have not become totally or partially separated, nor are they
threatened to become totally or partially separated. The
determination was applicable to workers and former workers of
United Furniture Industries, Amory, Mississippi. The notice of
negative determination was published in the Federal Register on
June 17, 2011 (76 FR 35476). United Furniture Industries
produces furniture. The petitioners state they were separated on
January 17, 2011.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
Based on a careful review of previously-submitted information,
including the petition, the Department determines that the subject
worker group consists of workers and former workers of United
Furniture Industries, Cut and Sew Departments, Amory, Mississippi.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that there was
not a significant employment decline or threat of separations at
United Furniture Industries, Cut and Sew Departments, Amory,
Mississippi (subject firm) during the relevant period.
With respect to Section 222(a) and Section 222(b) of the Act,
the investigation revealed that Criterion (1) has not been met
because a significant number or proportion of the workers at the
subject firm have not become totally or partially separated, nor
are they threatened to become totally or partially separated.
Further, overall employment within the subject firm increased in
2010 from 2009 levels and increased during January through February
2011 compared to end of year 2010 levels.
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been met because Criterion (1) has not
been met since the workers’ firm has not been publically identified
by name by the International Trade Commission as a member of a
domestic industry in an investigation resulting in an affirmative
finding of serious injury, market disruption, or material injury,
or threat thereof.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of United
Furniture Industries, Cut and Sew Departments, Amory, Mississippi,
to apply for adjustment assistance, in accordance with Section 223
of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 18th day of November, 2011
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,082
UNITED FURNITURE INDUSTRIES
AMORY, MISSISSIPPI
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 (“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) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). 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
criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that 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
(2) 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) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase described in clause (ii) contributed
importantly to such workers’ separation or threat of
separation and to the decline in the sales or
production of such firm or subdivision.
(B) Shift in Production Path:
(i) 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
(ii)(I) 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;
(II)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
(III)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.
For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), 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 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.
Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on March 30, 2011 by workers of United Furniture Industries,
Amory, Mississippi (UFI). The workers’ firm is engaged in
activities related to the production of upholstered furniture. The
subject worker group is engaged in production of cutting and
sewing of fabric for sofas, loves, chairs, sleepers, motion
furniture and recliners.
The petitioner alleged on the petition “the production of
the cutting and sewing has decreased over the years because of
kits being imported in from China.” Therefore, has resulted in
reduction of hours and work at the firm.
During the course of the investigation, information was
collected from the workers’ firm, which revealed the subject firm
did not show a significant number or proportion of the worker group
was separated in January through February 2011, when compared to
the same period in 2010.
With respect to Section 222(a) and Section 222(b) of the Act,
the investigation revealed that Criterion (1) has not been met
because a significant number or proportion of the workers in such
workers’ firm have not become totally or partially separated and
are not threatened with such separation.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance. 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 United Furniture
Industries, Amory, Mississippi, who are engaged in activities
related to the production of upholstered furniture, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, as amended, and are also denied eligibility
to apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974, amended.
Signed in Washington, D.C. this 3rd day of June, 2011
/s/Del Min Amy Chen___________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
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