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TAA Decision 96988

Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.

        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 


      

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