DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,420

MGM TRANSPORT
2550 HICKORY BLVD.
A SUBSIDIARY OF CF HOLDING CO. INC.
LENOIR, NORTH CAROLINA

TA-W-80,420H

MGM TRANSPORT
501 NORTH COUNTY ROAD
A SUBSIDIARY OF CF HOLDING CO. INC.
SECAUCUS, NEW JERSEY

Notice of Revised Determination
on Reconsideration

In accordance with Section 223 of the Trade Act of 1074, as
amended (“Act’), (19 USC 2273), the Department of Labor issued a
Revised Determination on Reconsideration on December 15, 2011,
applicable to workers of MGM Transport, 2550 Hickory Road, a
subsidiary of CF Holding Co., Inc., Lenoir, North Carolina (TA-W-
80,420), MGM Transport, 900 VC Drive, a subsidiary of CF Holding
Co., Inc., Martinsville, Virginia (TA-W-80,420A), MGM Transport,
1264 Jackson Lake Road, a subsidiary of CF Holding Co., Inc.,
High Point, North Carolina (TA-W-80,420B), Caldwell Freight
Lines, Inc., 1264 Jackson Lake Road, a subsidiary of CF Holding
Co., Inc., High Point, North Carolina (TA-W-80,420C), Caldwell
Freight Lines, Inc., 900 VC Drive, a subsidiary of CF Holding
Co., Inc., Martinsville, Virginia (TA-W-80,420D), Caldwell
Freight Lines, Inc., 385 Stafford Blvd., a subsidiary of CF
Holding Co., Inc., Pontotoc, Mississippi (TA-W-80,420E), Caldwell
Freight Lines, Inc., 2550 Hickory Blvd., a subsidiary of CF
Holding Co., Inc., Lenoir, North Carolina (TA-W-80,420F), and
Caldwell Freight Lines, Inc., 1459 Robinwood Road, a subsidiary
of CF Holding Co., Inc., Newton, North Carolina (TA-W-80,420G).
The worker group, except for TA-W-80,420, TA-W-80,420B and TA-W-
80,420E, also consists of on-site leased workers from Prime
Choice Services. The workers’ firm is engaged in activities
related to the supply of transportation services. The revised
notice was published in the Federal Register on December 29, 2011
(76 FR 81991).
New information provided by the company revealed that workers
of the Secaucus, New Jersey location of MGM Transport, a subsidiary
of CF Holding Co., Inc. supplied transportation services to a
certified Trade Adjustment Assistance firm. The loss of business
by the subject firm with the TAA-certified firm contributed
importantly to worker separations at the Secaucus, New Jersey
location.
Accordingly, the Department is amending this revised
determination to include workers of the Secaucus, New Jersey
location of MGM Transport, a subsidiary of CF Holding Co., Inc.
The intent of the Department’s revised determination is to
include all workers of the subject firm who were adversely affected
as secondary certified workers.
The amended notice applicable to TA-W-80,420 is hereby issued
as follows:
"All workers of MGM Transport, 2550 Hickory Road, a
subsidiary of CF Holding Co., Inc., Lenoir, North Carolina
(TA-W-80,420), MGM Transport, 900 VC Drive, a subsidiary of
CF Holding Co., Inc., Martinsville, Virginia, including on-
site leased workers from Prime Choice Services (TA-W-
80,420A), MGM Transport, 1264 Jackson Lake Road, a
subsidiary of CF Holding Co., Inc., High Point, North
Carolina (TA-W-80,420B), Caldwell Freight Lines, Inc., 1264
Jackson Lake Road, a subsidiary of CF Holding Co., Inc.,
High Point, North Carolina, including on-site leased workers
from Prime Choice Services (TA-W-80,420C), Caldwell Freight
Lines, Inc., 900 VC Drive, a subsidiary of CF Holding Co.,
Inc., Martinsville, Virginia, including on-site leased
workers from Prime Choice Services (TA-W-80,420D), Caldwell
Freight Lines, Inc., 385 Stafford Blvd., a subsidiary of CF
Holding Co., Inc., Pontotoc, Mississippi (TA-W-80,420E),
Caldwell Freight Lines, Inc., 2550 Hickory Blvd., a
subsidiary of CF Holding Co., Inc., Lenoir, North Carolina,
including on-site leased workers from Prime Choice Services
(TA-W-80,420F), Caldwell Freight Lines, Inc., 1459 Robinwood
Road, a subsidiary of CF Holding Co., Inc., Newton, North
Carolina, including on-site leased workers from Prime Choice
Services (TA-W-80,420G), and MGM Transport, 501 North County
Road, a subsidiary of CF Holding Co., Inc., Secaucus, New
Jersey (TA-W-80,420H), who became totally or partially
separated from employment on or after September 7, 2010,
through December 15, 2013, 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 21st day of February 2012

/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-80,420

MGM TRANSPORT
2550 HICKORY BLVD.
A SUBSIDIARY OF CF HOLDING CO. INC.
LENOIR, NORTH CAROLINA

TA-W-80,420A

MGM TRANSPORT
900 VC DRIVE
A SUBSIDIARY OF CF HOLDING CO. INC.
INCLUDING ON-SITE LEASED WORKERS FROM PRIME CHOICE SERVICES
MARTINSVILLE, VIRGINIA

TA-W-80,420B

MGM TRANSPORT
1264 JACKSON LAKE ROAD
A SUBSIDIARY OF CF HOLDING CO. INC.
HIGH POINT, NORTH CAROLINA

TA-W-80,420C

CALDWELL FREIGHT LINES, INC.
1264 JACKSON LAKE ROAD
A SUBSIDIARY OF CF HOLDING CO. INC.
INCLUDING ON-SITE LEASED WORKERS FROM PRIME CHOICE SERVICES
HIGH POINT, NORTH CAROLINA

TA-W-80,420D

CALDWELL FREIGHT LINES, INC.
900 VC DRIVE
A SUBSIDIARY OF CF HOLDING CO. INC.
INCLUDING ON-SITE LEASED WORKERS FROM PRIME CHOICE SERVICES
MARTINSVILLE, VIRGINIA

TA-W-80,420E

CALDWELL FREIGHT LINES, INC.
385 STAFFORD BLVD.
A SUBSIDIARY OF CF HOLDING CO. INC.
PONTOTOC, MISSISSIPPI

TA-W-80,420F

CALDWELL FREIGHT LINES, INC.
2550 HICKORY BLVD.
A SUBSIDIARY OF CF HOLDING CO. INC.
INCLUDING ON-SITE LEASED WORKERS FROM PRIME CHOICE SERVICES
LENOIR, NORTH CAROLINA

TA-W-80,420G

CALDWELL FREIGHT LINES, INC.
1459 ROBINWOOD ROAD
A SUBSIDIARY OF CF HOLDING CO. INC.
INCLUDING ON-SITE LEASED WORKERS FROM PRIME CHOICE SERVICES
NEWTON, 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 September 8, 2011 by a company official on behalf of
workers of MGM Transport, 2550 Hickory Road, a subsidiary of CF
Holding Co., Inc., Lenoir, North Carolina (TA-W-80,420), MGM
Transport, 900 VC Drive, a subsidiary of CF Holding Co., Inc.,
Martinsville, Virginia (TA-W-80,420A), MGM Transport, 1264
Jackson Lake Road, a subsidiary of CF Holding Co., Inc., High
Point, North Carolina (TA-W-80,420B), Caldwell Freight Lines,
Inc., 1264 Jackson Lake Road, a subsidiary of CF Holding Co.,
Inc., High Point, North Carolina (TA-W-80,420C), Caldwell Freight
Lines, Inc., 900 VC Drive, a subsidiary of CF Holding Co., Inc.,
Martinsville, Virginia (TA-W-80,420D), Caldwell Freight Lines,
Inc., 385 Stafford Blvd., a subsidiary of CF Holding Co., Inc.,
Pontotoc, Mississippi (TA-W-80,420E), Caldwell Freight Lines,
Inc., 2550 Hickory Blvd., a subsidiary of CF Holding Co., Inc.,
Lenoir, North Carolina (TA-W-80,420F), and Caldwell Freight
Lines, Inc., 1459 Robinwood Road, a subsidiary of CF Holding Co.,
Inc., Newton, North Carolina (TA-W-80,420G) (CF Holding Co.).
The workers’ firm is engaged in activities related to the supply of
of furniture transportation services; specifically, the firm
transport locally made furniture to homes and businesses across
the USA.
The worker group, except for TA-W-80,420, TA-W-80,420B and
TA-W-80,420E, also consists of on-site leased workers from Prime
Choice Services.
The petitioner alleged that the shift in the production of
furniture abroad has led to decreased demand for furniture
transportation services originating in North Carolina.
During the course of the investigation, information was
collected from the workers’ firm.
The investigation revealed that CF Holding Co., does not
produce an article within the meaning of Section 222(a) or Section
222(b) of the Act. 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.
During the investigation, the Department of Labor obtained
information that revealed that the workers’ firm did not produce an
article; rather, the workers’ firm supplied services related to the
transportation of furniture.
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 MGM Transport, 2550
Hickory Road, a subsidiary of CF Holding Co., Inc., Lenoir, North
Carolina (TA-W-80,420), MGM Transport, 900 VC Drive, a subsidiary
of CF Holding Co., Inc., Martinsville, Virginia including on-site
leased workers from Prime Choice Services (TA-W-80,420A), MGM
Transport, 1264 Jackson Lake Road, a subsidiary of CF Holding
Co., Inc., High Point, North Carolina (TA-W-80,420B), Caldwell
Freight Lines, Inc., 1264 Jackson Lake Road, a subsidiary of CF
Holding Co., Inc., High Point, North Carolina including on-site
leased workers from Prime Choice Services (TA-W-80,420C),
Caldwell Freight Lines, Inc., 900 VC Drive, a subsidiary of CF
Holding Co., Inc., Martinsville, Virginia including on-site
leased workers from Prime Choice Services (TA-W-80,420D),
Caldwell Freight Lines, Inc., 385 Stafford Blvd., a subsidiary of
CF Holding Co., Inc., Pontotoc, Mississippi (TA-W-80,420E),
Caldwell Freight Lines, Inc., 2550 Hickory Blvd., a subsidiary of
CF Holding Co., Inc., Lenoir, North Carolina including on-site
leased workers from Prime Choice Services (TA-W-80,420F), and
Caldwell Freight Lines, Inc., 1459 Robinwood Road, a subsidiary
of CF Holding Co., Inc., Newton, North Carolina including on-site
leased workers from Prime Choice Services (TA-W-80,420G) engaged
in activities related to the supply of furniture transportation
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 30th day of September, 2011


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






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