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TAW-98218  /  Congoleum Flooring (Trenton, NJ)

Petitioner Type: State
Impact Date: 03/08/2021
Filed Date: 03/09/2022
Most Recent Update: 06/11/2022
Determination Date: 06/11/2022
Expiration Date: 06/11/2024

UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,218

CONGOLEUM FLOORING

PLANT 2

TRENTON, NEW JERSEY

Certification Regarding Eligibility

To Apply For Worker Adjustment Assistance and

Alternative Trade Adjustment Assistance

TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 223 of the Trade Act of 1974, as
amended ("the 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 group eligibility requirements for workers of a Firm under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if
the following criteria are met:

(1) 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)(A)(i) the sales or production, or both, of such firm or
subdivision 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 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 or subdivision

The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated March 8, 2022 and filed
on March 9, 2022 by a State Workforce Office, on behalf of former
workers of Congoleum Flooring, Plant 2, Trenton, New Jersey.

In accordance with 20 CFR 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 flooring products.

The petition alleges that worker separations, or threats
thereof, were due to, import of foreign goods (vinyl tiles). During
the years of 2019, 2020 and 2021, the plant lost over $13 million.

During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.

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/or production of flooring products have decreased
absolutely.

Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the article produced
by Congoleum have increased.

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 Congoleum.
ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for Alternative Trade Adjustment Assistance
("ATAA") for older workers.

The group eligibility requirements for workers of a firm under
Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if the
following criteria are met:

(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).

Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years of
age or older.

Section 246(a)(3)(A)(ii)(II) has been met because the workers
in the workers' firm possess skills that are not easily
transferrable.

Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers' industry are adverse.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of Congoleum Flooring,
Plant 2, Trenton, New Jersey, who are engaged in activities related
to the production of flooring products meet the worker group
certification criteria under 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 Congoleum Flooring, Plant 2, Trenton, New
Jersey, who became totally or partially separated from
employment on or after March 8, 2021, 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, and are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, as amended."

Signed in Washington, D. C. this 11th day of June, 2022

/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance