DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,578

CLEVELAND CHAIR A/K/A JACKSON FURNITURE INDUSTRIES
MADISONVILLE, TENNESSEE

Notice of Negative Determination
Regarding Application for Reconsideration

By application of May 5, 2003, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of the
subject firm. The denial notice was signed on March 11, 2003,
and published in the Federal Register on March 26, 2003 (68 FR
14706).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.


The petition for the workers of Cleveland Chair,
Madisonville, Tennessee was denied because the “contributed
importantly” group eligibility requirement of Section 222(3) of
the Trade Act of 1974, as amended, was not met. The “contributed
importantly” test is generally demonstrated through a survey of
customers of the workers’ firm. The survey revealed that none of
the respondents increased their purchases of sewn chair covers.
The company did not import sewn cloth chair covers or shift
production to a foreign source in the relevant period.
In the reconsideration process, it was established that the
company was also known under the name of Jackson Furniture
Industries.
The petitioner asserts that the subject firm produced
leather chair covers in addition to sewn cloth chair covers, and
that the company shifted production to Mexico.
Further investigation, including contact with the company,
confirmed that which was established in the original
investigation in regard to these issues. First, although the
company does import leather covers, leather chair covers have
never been produced at the Madisonville facility. Second, no
production has been shifted from the Madisonville facility to
Mexico in the relevant period.


Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed at Washington, D.C. this 5th day of June, 2003

/s/ Elliott S. Kushner

ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance