Petitioner Type: Workers
Impact Date:
Filed Date: 10/21/2002
Most Recent Update: 01/09/2003
Determination Date: 01/09/2003
Expiration Date:
Employment and Training Administration
TA-W-42,254
AMERICAN FIBERS AND YARNS COMPANY
ROCK MOUNT, NORTH CAROLINA
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) that sales or production, or both, of the firm or subdi-
vision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or appro-
priate subdivision have contributed importantly to the
separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated on October 21, 2002 in
response to a petition filed on behalf of workers at American
Fibers and Yarns Company, Rocky Mount, North Carolina. The workers
produced olefin yarn, primarily for the upholstery market.
The investigation revealed that criterion (3) has not been
met.
The Department of Labor conducted a survey of the major
declining customers of American Fibers and Yarns Company, Rocky
Mount, North Carolina regarding their purchases of olefin yarns
during 2000, 2001 and January through June 2002. The survey
revealed that none of the respondents increased their purchases of
imported olefin yarns, while decreasing their purchases from the
subject firm during the relevant period.
The investigation further revealed that subject firm did not
import olefin yarns during the relevant period.
The investigation also revealed that plant production was
transferred from the subject facility to other domestic plants.
Conclusion
After careful review, I determine that all workers of American
Fibers and Yarns Company, Rocky Mount, North Carolina are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D. C. this 9th day of January, 2003
/s/Elliott S. Kushner______
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance