[Federal Register Volume 69, Number 250 (Thursday, December 30, 2004)]
[Notices]
[Page 78476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28568]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-55,427]


Alexvale/Kincaid Furniture, a Subsidiary of La-Z-Boy, 
Administrative Offices, Taylorsville, NC; Notice of Revised 
Determination on Reopening

    On November 9, 2004, the Department, on its own motion, reopened 
its investigation for the former workers of the subject facility.
    The initial investigation for workers of Kincaid Furniture, 
Taylorsville, North Carolina resulted in a negative determination 
issued on September 8, 2004 and published in the Federal Register on 
September 23, 2004 (69 FR 57093). The petition was denied because 
criterion (1) was not met. The investigation revealed no decline in 
employment during the relevant time period.
    By application of September 23, 2004, a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject facility to apply for Trade Adjustment Assistance (TAA).
    On October 27, 2004, the Department issued a Negative Determination 
Regarding Application for Reconsideration applicable to workers and 
former workers of the subject facility on the grounds that the 
application did not contain any new substantial information that would 
bear importantly on the Department's determination denying 
certification because the subject facility did not have a ``significant 
number or proportion'' of workers who were separated or threatened with 
separation to meet the requirement of Section 222(a)(1) of the Trade 
Act of 1974, as amended. The Notice of the determination was published 
in the Federal Register on November 5, 2004 (69 FR 64592).
    Upon further consultation with the petitioner, new information 
revealed the petitioner intended to apply on behalf of the 
Administrative Offices supporting production at the subject facility, 
rather than the facility as a whole.
    A company official was contacted in regards to the Administrative 
Offices at the Taylorsville facility. It was revealed that the workers 
of the Administrative Offices are separately identifiable from the rest 
of the workers at the subject facility, and there were significant 
declines in employment within the Administrative Offices between 
December 2003 and August 2004.
    Furthermore, the Administrative Offices of the subject facility 
provide accounting, human resources, IT, purchasing, and general 
clerical support of the production which occurs at the subject 
facility. Furthermore, production of upholstered furniture at the 
subject facility declined during the period of January through August 
2004, when compared to the same period in 2003. Company imports of 
upholstered furniture increased during the same period.
    It was further revealed that the subject facility was originally a 
privately owned company known as Alexvale Furniture. The subject 
facility was purchased by La-Z-Boy, and is now managed by Kincaid 
Furniture (also a subsidiary of La-Z-Boy). Although the subject 
facility is now often referred to as a Kincaid facility, the company is 
registered in the State of North Carolina as Alexvale Furniture, and 
has a separate employer identification number.
    In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department of Labor herein presents the results 
of its investigation regarding certification of eligibility to apply 
for alternative trade adjustment assistance (ATAA) for older workers.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the group eligibility requirements of Section 246 of 
the Trade Act must be met. The Department has determined in this case 
that the requirements of Section 246 have been met.
    A significant number of workers at the subject division are age 50 
or over and possess skills that are not easily transferable. 
Competitive conditions within the industry are adverse.

Conclusion

    After careful review of the additional facts obtained on reopening, 
I determine that increases of imports of articles like or directly 
competitive with upholstered furniture produced by Alexvale/Kincaid 
Furniture, a subsidiary of La-Z-Boy, Taylorsville, North Carolina, 
contributed importantly to the total or partial separation of workers 
from the Administrative Offices of that facility. In accordance with 
the provisions of the Act, I make the following certification:

    ``All workers of Alexvale/Kincaid Furniture, a subsidiary of La-
Z-Boy, Administrative Offices, Taylorsville, North Carolina, who 
became totally or partially separated from employment on or after 
August 11, 2003 through two years from the date of certification are 
eligible to apply for adjustment assistance under Section 223 of the 
Trade Act of 1974, and are eligible to apply for alternative trade 
adjustment assistance under Section 246 of the Trade Act of 1974.''

    Signed in Washington, DC, this 29th day of November 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-28568 Filed 12-29-04; 8:45 am]
BILLING CODE 4510-30-P