Find first data row after header when data is filtered.

hi,

I have a macro which works as long as the data is NOT filtered. And i dont understand why it does not work when the data is filtered. I was hoping someone could help me understand and help me figure out a way to get macro to work regardless if data is being filtered.

So here is the problem.
(see enclosed file)

The goal is to determine the first row of data "after the header row which is in row 1 in this case".
Returns 2 if data is NOT filtered
Returns 1 if data is filtered.

Any ideas?