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TAA Decision 97103

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-97,103 
SERTA SIMMONS BEDDING MANUFACTURING COMPANY 

KANSAS PLANT DIVISION 

SHAWNEE, KANSAS 
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 30, 2021 and 
filed on July 2, 2021 by a State Workforce Office, on behalf of former workers of Serta Simmons 
Bedding Manufacturing Company , Kansas Plant Division , Shawnee, Kansas (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 mattresses and are 
not separately identifiable by product. 

The petition alleged that worker separations, or threats thereof, were due to foreign trade 
and cited ITC investigation 701-TA-645 and 731-TA-1495-1501. 

The International Trade Commission (ITC) found that an industry in the United States is 
impacted by imports of mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, Turkey, 
and Vietnam sold in the United States for less than fair value (LTFV) and by imports of mattresses 
subsidized by the government of China.. 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 

Serta Simmons Bedding Manufacturing Company , Kansas Plant Division , Shawnee, Kansas, who 
are engaged in activities related to the production of 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 Serta Simmons Bedding Manufacturing Company , Kansas Plant Division , 

Shawnee, Kansas, 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 17th day of September, 2021 

/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN 
Certifying Officer, Office of 
Trade Adjustment Assistance 


      

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