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TAW-80144  /  Paramount Home Furnishings, Inc (Greensboro, NC)

Petitioner Type: Workers
Impact Date: 05/02/2010
Filed Date: 05/03/2011
Most Recent Update: 07/15/2011
Determination Date: 07/15/2011
Expiration Date: 11/17/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,144

PARAMOUNT HOME FURNISHINGS INC.
GREENSBORO, NORTH CAROLINA

Notice of Revised Determination
on Reconsideration


The initial investigation, initiated May 3, 2011, resulted in
a negative determination, issued on July 15, 2011, that was based
on the finding that the firm did not produce an article. The
determination was applicable to workers and former workers of
Paramount Home Furnishings Inc., Greensboro, North Carolina. The
notice of negative determination was published in the Federal
Register on August 1, 2011 (76 FR 45880). The workers’ firm is
engaged in activities related to the supply of furniture sales
services. The subject worker group includes all workers related to
the supply of furniture sales services.
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 information reviewed during the reconsideration
investigation, the Department of Labor determines that the worker
separations at Paramount Home Furnishings Inc., Greensboro, North
Carolina, are related to a shift in services to a foreign
country.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in such workers’ firm have become
totally or partially separated, or are threatened to become totally
or partially separated.
Section 222(a)(2)(B) has been met because the workers’ firm
has shifted to a foreign country the supply of a service like or
directly competitive with the service supplied by the workers which
contributed importantly to worker group separations at Paramount
Home Furnishings, Inc..
Conclusion
After careful review, I determine that workers of Paramount
Home Furnishings Inc., Greensboro, North Carolina, who were
engaged in employment related to the supply of furniture sales
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 Paramount Home Furnishings Inc., Greensboro,
North Carolina, who became totally or partially separated from
employment on or after May 2, 2010, through two years from the
date of this certification, and all workers in the group
threatened with total or partial separation from employment on
December 20, 2011 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 17th day of November, 2011

/s/ Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,144

PARAMOUNT HOME FURNISHINGS, INC.
GREENSBORO, NORTH CAROLINA

Negative Determination 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 three
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 May 3, 2011 on behalf of workers of Paramount Home
Furnishings, Inc., Greensboro, North Carolina. The workers’ firm
is engaged in activities related to the supply of furniture sales
services.
The workers claimed that services were shifted to China.
During the course of the investigation, information was collected
from the workers’ firm.
The investigation revealed that Paramount Home Furnishings
Inc., Greensboro, North Carolina, does not produce an article
within the meaning of Section 222(a) or Section 222(b) of the Act.
Rather, the workers’ firm supplied services related to furniture
sales. The investigation did confirm that furniture sales services
have been shifted by the workers’ firm to a foreign country.
However, in order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a “firm” or appropriate subdivision
that produces an article. The definition of a firm includes an
individual proprietorship, partnership, joint venture, association,
corporation (including a development corporation), business trust,
cooperative, trustee in bankruptcy, and receiver under decree of
any court.
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 (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 Paramount Home
Furnishings, Inc., Greensboro, North Carolina engaged in
activities related to the supply of furniture sales services 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 15th day of July, 2011


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance







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