Petitioner Type: State
Impact Date: 12/13/2020
Filed Date: 06/23/2021
Most Recent Update: 09/23/2021
Determination Date: 09/23/2021
Expiration Date: 05/14/2022
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-96,988
FXI, INC.
PORTLAND PLANT
PORTLAND, OREGON
Certification Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers
In accordance with Section 223 of the Trade Act of 1974, as amended ("Act"), 19 U.S.C.
§ 2273, the Department of Labor ("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade Adjustment Assistance ("TAA") for workers.
The investigation was initiated in response to a TAA petition dated June 22, 2021 and filed
on June 23, 2021 by a State Workforce Office, on behalf of former workers of FXI, Inc., Portland
Plant, Portland, Oregon (hereafter referred to as the "worker group"). In accordance with 20 C.F.R.
618.110 a worker group is defined as, ""¦inclusive of teleworkers and staffed workers."
The worker group is engaged in activities related to the production of polyurethane foam
mattresses and are not separately identifiable by product.
The worker group was certified eligible to apply for TAA under petition number TAW-
95638. The certification expired on December 12, 2020. Workers with separation dates prior to
December 13, 2020 are excluded from the scope of this determination since they should be covered
under petition certification TA-W-95,638.
The petition alleged that worker separations, or threats thereof, were due to this group being
subject to an ITC injury based on a notification from USDOL citing an affirmative determination
for Investigation No. 701-TA-645 and 731-TA-1495-1501 involving mattresses from Cambodia,
China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam.
The International Trade Commission (ITC) found that an industry in the United States is
materially injured by reason of imports of mattresses from Cambodia, China, Indonesia, Malaysia,
Serbia, Thailand, Turkey, and Vietnam. The ITC's determination(s) was published in the Federal
Register on May 14, 2021.
During the course of the investigation, the Department collected information from the
petitioner(s), the workers' firm, and other relevant sources.
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:
Member of Domestic Industry Criterion
(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));
The Department determines that the member of a domestic industry criterion has been met.
Timely Petition Filing Criterion
(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
The Department determines that the timely filing of a petition criterion has been met.
Employment Criterion
(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 Department determines that the employment criterion has been met.
Conclusion
After careful review of the facts obtained in the investigation, I determine that workers of
FXI, Inc., Portland Plant, Portland, Oregon, who are engaged in activities related to the production
of polyurethane foam mattresses meet the worker group certification criteria under Section 222(e)
of the Act, 19 U.S.C. § 2272(e). In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I
make the following certification:
"All workers of FXI, Inc., Portland Plant, Portland, Oregon, who became totally or partially
separated from that employment on or after May 14, 2020, through May 14, 2022, 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 23rd day of September, 2021
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-96,988
FXI, INC.
PORTLAND PLANT
PORTLAND, OREGON
Certification Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers
In accordance with Section 223 of the Trade Act of 1974, as amended ("Act"), 19 U.S.C.
§ 2273, the Department of Labor ("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade Adjustment Assistance ("TAA") for workers.
The investigation was initiated in response to a TAA petition dated June 22, 2021 and filed
on June 23, 2021 by a State Workforce Office, on behalf of former workers of FXI, Inc., Portland
Plant, Portland, Oregon (hereafter referred to as the "worker group"). In accordance with 20 C.F.R.
618.110 a worker group is defined as, ""¦inclusive of teleworkers and staffed workers."
The worker group is engaged in activities related to the production of polyurethane foam
mattresses and are not separately identifiable by product.
The worker group was certified eligible to apply for TAA under petition number TAW-
95638. The certification expired on December 12, 2020. Workers with separation dates prior to
December 13, 2020 are excluded from the scope of this determination since they should be covered
under petition certification TA-W-95,638.
The petition alleged that worker separations, or threats thereof, were due to this group being
subject to an ITC injury based on a notification from USDOL citing an affirmative determination
for Investigation No. 701-TA-645 and 731-TA-1495-1501 involving mattresses from Cambodia,
China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam.
The International Trade Commission (ITC) found that an industry in the United States is
materially injured by reason of imports of mattresses from Cambodia, China, Indonesia, Malaysia,
Serbia, Thailand, Turkey, and Vietnam. The ITC's determination(s) was published in the Federal
Register on May 14, 2021.
During the course of the investigation, the Department collected information from the
petitioner(s), the workers' firm, and other relevant sources.
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:
Member of Domestic Industry Criterion
(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));
The Department determines that the member of a domestic industry criterion has been met.
Timely Petition Filing Criterion
(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
The Department determines that the timely filing of a petition criterion has been met.
Employment Criterion
(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 Department determines that the employment criterion has been met.
Conclusion
After careful review of the facts obtained in the investigation, I determine that workers of
FXI, Inc., Portland Plant, Portland, Oregon, who are engaged in activities related to the production
of polyurethane foam mattresses meet the worker group certification criteria under Section 222(e)
of the Act, 19 U.S.C. § 2272(e). In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I
make the following certification:
"All workers of FXI, Inc., Portland Plant, Portland, Oregon, who became totally or partially
separated from that employment on or after May 14, 2020, through May 14, 2022, 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 23rd day of September, 2021
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance