Petitioner Type: State
Impact Date: 12/12/2018
Filed Date: 05/28/2020
Most Recent Update: 06/17/2020
Determination Date: 06/17/2020
Expiration Date: 12/12/2020
Employment and Training Administration
TA-W-95,940
FXI, INC.
AUBURN PLANT
A SUBSIDIARY OF FXI HOLDINGS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO, PEOPLELINK STAFFING, LEADERS STAFFING,
PRO RESOURCES, AND SPHERION
AUBURN, INDIANA
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(e) of the Act, 19 U.S.C. § 2272(e), are
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 (B) or (C) of paragraph (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), the 1-year
period preceding the 1-year period described in
paragraph (2).
The investigation was initiated in response to a petition
filed on May 28, 2020 by a state workforce office on behalf of
workers of FXI, Inc., Auburn Plant, a subsidiary of FXI
Holdings, Inc., Auburn, Indiana ("FXI, Inc."). The worker group
includes on-site leased workers from Adecco, Peoplelink
Staffing, Leaders Staffing, Pro Resources, and Spherion. The
workers' firm is engaged in activities related to the production
of finished mattresses and foam components for home
furnishings.
The investigation revealed that on December 12, 2019, the
International Trade Commission found that an industry in the
United States is materially injured by reason of imports of
mattresses from China. A petition has been filed on behalf of
workers of FXI, Inc. That firm was publicly identified by name
by the International Trade Commission 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). In addition, that determination was published
in the Federal Register on December 12, 2019, which is within
one year of the date of the petition filed requesting Trade
Adjustment Assistance (TAA) Certification.
Furthermore, the workers have become totally or partially
separated from the workers' firm during the 1-year period of
the publication within the Federal Register.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of FXI, Inc., Auburn
Plant, a subsidiary of FXI Holdings, Inc., including on-site
leased workers from Adecco, Peoplelink Staffing, Leaders
Staffing, Pro Resources, and Spherion, Auburn, Indiana, engaged
in activities related to the production of finished mattresses
and foam components for home furnishings meet the requirements
of Section 222(e) of the Act. In accordance with Section 223 of
the Act, I make the following certification:
"All workers of FXI, Inc., Auburn Plant, a subsidiary of
FXI Holdings, Inc., including on-site leased workers from
Adecco, Peoplelink Staffing, Leaders Staffing, Pro
Resources, and Spherion, Auburn, Indiana, who became
totally or partially separated from that employment on or
after December 12, 2018, through the date of the
certification and who become totally or partially separated
from that employment from the date of the certification
through December 12, 2020, 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 June 2020.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance