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TAA Decision 98022

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

        DEPARTMENT OF LABOR 

Employment and Training Administration 

TA-W-98,022 

SYMBOL MATTRESS OF FLORIDA, INC. 

KISSIMMEE, FLORIDA 

Negative Determinations 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 worker 
adjustment assistance. 

Workers of a firm may be eligible for worker adjustment 
assistance if they satisfy the criteria of subsection (a) and (b) 
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the 
Department to issue a certification for workers under Section 
222(a) of the Act, 19 U.S.C. § 2272(a), the following three 
criteria must be met: 

(1) The first criterion (set forth in Section 222(a)(1) of the 
Act, 19 U.S.C. § 2272(a)(1)) requires that 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) The second criterion (set forth in Section 222(a)(2) of the 
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two 
ways: 

(A) Increased Imports Path: 

(i) sales or production, or both, at the workers' firm must 
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 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. 

(B) Shift in Production Path: 

(i) there has been a shift in production by such workers' 
firm or subdivision to a foreign country of articles 
like or directly competitive with articles which are 
produced by such firm or subdivision; and 

(ii)(I) the country to which the workers' firm has 
shifted production of the articles is a party to a free 
trade agreement with the United States; 

(II)the country to which the workers' firm has 
shifted production of the articles is a beneficiary 
country under the African Growth and Opportunity Act, or 
the Caribbean Basin Economic Recovery Act; or 

(III)there has been or is likely to be an increase 
in imports of articles that are like or directly 
competitive with articles which are or were produced by 
such firm or subdivision. 

For the Department to issue a secondary worker certification 
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers 
of a Supplier or a Downstream Producer, the following criteria 
must be met: 

(1) a significant number or proportion of the workers in the 
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) the workers' firm is a Supplier or Downstream Producer 
to a firm that employed a group of workers who received 
a certification of eligibility under Section 222(a) of 
the Act, 19 U.S.C. § 2272(a), and such supply or 
production is related to the article that was the basis 
for such certification; and 

(3) either 

(A) the workers' firm is a supplier and the component 
parts it supplied to the firm described in paragraph (2) 
accounted for at least 20 percent of the production or 
sales of the workers' firm; or 

(B) a loss of business by the workers' firm with the 
firm described in paragraph (2) contributed importantly 
to the workers' separation or threat of separation. 

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the 
terms "Supplier" and "Downstream Producer." 

The investigation was initiated in response to a petition 
dated August 2, 2021 and filed on August 3, 2021 by a State 
Workforce Office on behalf of former workers of Symbol Mattress 
of Florida, Inc., Kissimmee, Florida (Symbol Mattress"“Kissimee). 
Workers of Symbol Mattress"“Kissimee are engaged in the 
production mattresses and foundations. The petitioner alleges 
that increased imports of mattresses contributed to worker 
separations at the subject firm. 

During the course of the investigation, information was 
collected from the petition, the workers' firm, and other 
sources. 

With respect to Section 222(a)(2)(A)(i) of the Act, the 
investigation revealed that Symbol Mattress"“Kissimee did not 
experience either a sales decline or a production decline during 
the relevant period (one-year period prior to the petition date). 

With respect to Section 222(a)(2)(B) of the Act, the 
investigation revealed that the workers' firm did not shift 
production of like or directly articles to a foreign country. 

With respect to Section 222(b)(2) of the Act, the 
investigation revealed that Symbol Mattress"“Kissimee is not a 
Supplier to a firm that employed a group of workers who received 
a certification of eligibility under Section 222(a) of the Act, 19 
U.S.C. § 2272(a), and does not act as a Downstream Producer to a 
firm that employed a group of workers who received a certification 
of eligibility under Section 222(a) of the Act, 19 U.S.C. § 
2272(a), based on an increase in imports from, or a shift in 
production to, Canada or Mexico. 

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE 

In order for the Department to issue a certification of 
eligibility to apply for Alternative Trade Adjustment Assistance 
(ATAA), the group of workers must be certified eligible to apply 
for Trade Adjustment Assistance (TAA). Because the petitioning 
group of workers are denied eligibility to apply for TAA, the 
group of workers cannot be certified eligible for ATAA. 

Conclusion 

After careful review of the facts obtained in the 
investigation, I determine that all workers of Symbol Mattress of 
Florida, Kissimmee, Florida, are denied eligibility to apply for 
adjustment assistance under Section 223 of the Trade Act of 1974, 
as amended, and are also denied eligibility to apply for 
alternative trade adjustment assistance under Section 246 of the 
Trade Act of 1974, amended. 

Signed in Washington, D. C. this 21st day of September, 2021 


/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN 

Certifying Officer, Office of 

Trade Adjustment Assistance 


      

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