DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,440

STONE AGE INTERIORS, INC.
D/B/A COLORADO SPRINGS MARBLE AND GRANITE
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS EMPLOYMENT PROFESSIONALS
COLORADO SPRINGS, COLORADO


Notice of Revised Determination
on Reconsideration

On June 7, 2013, the Department of Labor (Department) issued a
Notice of Affirmative Determination Regarding Application for
Reconsideration applicable to workers and former workers of Stone
Age Interiors, Inc., d/b/a Colorado Springs Marble and Granite,
Colorado Springs, Colorado (hereafter collectively referred to as
either “Stone Age Interiors” or “subject firm”). The subject firm
is engaged in activities related to the production of finished
stone fabrication products. The workers are not separately
identifiable by product line.
The subject worker group includes on-site leased workers from
Express Employment Professionals.
Based on a careful review of previously-submitted information
and additional information obtained during the reconsideration
investigation, the Department determines that the petitioning
worker group, including on-site leased workers, has met the
eligibility criteria set forth in the Trade Act of 1974, as
amended.
Section 222(a)(1) has been met because a significant number
or proportion of the workers at Stone Age Interiors have become
totally or partially separated, or are threatened with such
separation.
Section 222(a)(2)(A)(i) has been met because Stone Age
Interiors sales and/or production of finished stone fabrication
products have decreased.
Section 222(a)(2)(A)(ii) has been met because aggregate
imports of articles like or directly competitive with the
finished stone fabrication products produced by Stone Age
Interiors have increased during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at Stone Age Interiors.
Conclusion
After careful review of previously-submitted facts and the
additional facts obtained during the reconsideration investigation,
I determine that workers of Stone Age Interiors, Inc., d/b/a
Colorado Springs Marble and Granite, including on-site leased
workers from Express Employment Professionals, Colorado Springs,
Colorado, 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 Stone Age Interiors, Inc., d/b/a Colorado
Springs Marble and Granite, including on-site leased workers
from Express Employment Professionals, Colorado Springs,
Colorado, who became totally or partially separated from
employment on or after February 9, 2012, through two years
from the date of this 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 13th day of August, 2013


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



U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,440

STONE AGE INTERIORS, INC.
D/B/A COLORADO SPRINGS MARBLE AND GRANITE
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS EMPLOYMENT PROFESSIONALS
COLORADO SPRINGS, COLORADO

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated May 16, 2013, a company official requested
administrative reconsideration of the negative determination
regarding workers’ eligibility to apply for Trade Adjustment
Assistance (TAA) applicable to workers and former workers of
Stone Age Interiors, Inc., d/b/a Colorado Springs Marble and
Granite, Colorado Springs, Colorado (subject firm). The
negative determination was issued on April 15, 2013 and the
Notice of Determination was published in the Federal Register
on May 15, 2013 (78 FR 28628-28630). Workers at the subject
firm were engaged in activities related to the production of
finished stone fabrication. The worker group includes on-site
leased workers from Express Employment Professionals.

The initial investigation resulted in a negative determination
based on the Department’s findings that Criterion (2)(A)(ii) has
not been met because imports of articles like or directly
competitive with finished stone fabrication produced by Stone Age
did not increase during the relevant period.

With respect to Section 222(a)(2)(B) of the Act, the investigation
revealed that Stone Age did not shift production of finished stone
fabrication, or like or directly competitive articles, to a foreign
country, or acquire such production from a foreign country.

With respect to Section 222(b)(2) of the Act, the investigation
revealed that Stone Age is neither a Supplier nor 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).

Finally, the group eligibility requirements under Section 222(e) of the
Act have not been satisfied because Stone Age 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.

The request for reconsideration alleges that increased imports
of finished product from China have adversely impacted the business and
that the information provided by the subject firm was incomplete and/or
misunderstood.

The Department has carefully reviewed the request for reconsideration
and the existing record, and will conduct further investigation to
determine if the workers meet the eligibility requirements of the
Trade Act of 1974, as amended.

Conclusion

After careful review of the application, I conclude that the claim is
of sufficient weight to justify reconsideration of the U.S. Department
of Labor's prior decision. The application is, therefore, granted.
Signed at Washington, D.C., this 7th day of June, 2013

/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-82,440

STONE AGE INTERIORS, INC.
D/B/A COLORADO SPRINGS MARBLE AND GRANITE
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS EMPLOYMENT PROFESSIONALS
COLORADO SPRINGS, COLORADO

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), (b) or
(e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e).
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. § 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.

(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) (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.
(iii) the increase in imports 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.
(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
(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; and
(ii) the shift described in clause (i)(I) or the acquisition
of articles or services described in clause (i)(II)
contributed importantly to such workers’ separation or
threat of separation.

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 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
terms “Supplier” and “Downstream Producer.”
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission (ITC) as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm under
Section 222(e) of the Act, 19 U.S.C. § 2272(e), 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 February 11, 2013 by the company Official, on behalf of
workers of Stone Age Interiors, Inc., d/b/a Colorado Springs
Marble and Granite, Colorado Springs, Colorado (Stone Age). The
workers’ firm is engaged in activities related to the production of
finished stone fabrication. The worker group includes on-site
leased workers from Express Employment Professionals.
The petitioner stated “fabrication of most commercial granite
counter tops is being pre-fabricated in China.”
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that that Criterion (2)(A)(ii) has not been
met because imports of articles like or directly competitive with
finished stone fabrication produced by Stone Age did not increase
during the relevant period. During the relevant period, Stone Age
did not import articles like or directly competitive with finished
stone fabrication. Surveys conducted by the Department revealed
that, during the relevant period, the subject firm’s declining
customers did not import articles like or directly competitive with
finished stone fabrication produced by Stone Age. A bid survey
revealed that the subject firm lost bids to other domestic
finished stone fabrication companies.
With respect to Section 222(a)(2)(B) of the Act, Stone Age
did not shift production of finished stone fabrication, or like or
directly competitive articles, to a foreign country, and did not
acquire such production from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Stone Age is neither a Supplier nor
Downstream Producer to a firm (or subdivision, whichever is
applicable) 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).
Finally, the group eligibility requirements under Section
222(e) of the Act have not been satisfied because Stone Age has not
been publically identified by name by the ITC 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 of the facts obtained in the
investigation, 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 Stone Age Interiors, Inc.,
d/b/a Colorado Springs Marble and Granite, including on-site
leased workers from Express Employment Professionals Colorado
Springs, Colorado, to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 15th day of April, 2013

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






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