DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,168

FOAMWORKS, INC.
MORRISTOWN, TENNESSEE

TA-W-82,168A

FOAMWORKS, INC.
CLEVELAND, TENNESSEE

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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), 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 21, 2012 by a state workforce office on behalf
of workers of Foamworks, Inc., Morristown, Tennessee (TA-W-
82,168) and Foamworks, Inc., Cleveland, Tennessee (TA-W-82,168A).
The workers' firm is engaged in activities related to the
production of foam products. Workers of Foamworks, Inc.,
Morristown, Tennessee (TA-W-82,168) are engaged in activities
related to the production of foam for furniture (including the
sales and distribution of foam for furniture and shutdown
activities) and workers of Foamworks, Inc., Cleveland, Tennessee
(TA-W-82,168A) are engaged in activities related to the
production of foam inserts, foam pillows, and foam packaging
material. Workers are separately identifiable by facility.
During the course of the investigation, information was
collected from the workers' firm and the firm's major declining
customers.
For workers of Foamworks, Inc., Morristown, Tennessee (TA-W-
82,168), the Department has determined that the worker group
meets the criteria for certification.
Section 222(b)(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(b)(2) has been met because Foamworks, Inc.,
Morristown, Tennessee (TA-W-82,168) is a Supplier 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 is related to the finished article that was the
basis for such certification.
Section 222(b)(3)(A) has been met because the foam for
furniture produced by Foamworks, Inc., Morristown, Tennessee (TA-
W-82,168) for a firm that employed a certified worker group
accounted for at least 20 percent of the production or sales of
Foamworks, Inc., Morristown, Tennessee (TA-W-82,168).
Furthermore, the Department has determined that the worker
group of Foamworks, Inc., Cleveland, Tennessee (TA-W-82,168A)
also meets the criteria for certification.
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)(A)(i) has been met because the sales and
production of foam inserts, foam pillows, and foam packaging
material by Foamworks, Inc., Cleveland, Tennessee (TA-W-82,168A)
have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
reliance on imports of articles like or directly competitive with
the articles produced by Foamworks, Inc., Cleveland, Tennessee
(TA-W-82,168A) have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because an
increased customer reliance on imports contributed importantly to
the worker group separations and sales and production declines at
Foamworks, Inc., Cleveland, Tennessee (TA-W-82,168A).
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Foamworks, Inc.,
Morristown, Tennessee (TA-W-82,168), who are engaged in
activities related to the production of foam for furniture and
workers of Foamworks, Inc., Cleveland, Tennessee (TA-W-82,168A),
who are engaged in activities related to the production of foam
inserts, foam pillows, and foam packaging material 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 Foamworks, Inc., Morristown, Tennessee (TA-
W-82,168), and Foamworks, Inc., Cleveland, Tennessee (TA-W-
82,168A), who became totally or partially separated from
employment on or after November 21, 2011 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 18th day of January, 2013.


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