Petitioner Type: Workers
Impact Date:
Filed Date: 10/28/2002
Most Recent Update: 01/16/2003
Determination Date: 01/16/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-42,278
OWEN DEVELOPMENT CORPORATION
d/b/a INTRA
SPARTANBURG, SOUTH 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
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated in response to a petition
received on October 28, 2002, filed on behalf of workers at Owen
Development Corporation, d/b/a INTRA, Spartanburg, South
Carolina. The workers were engaged in the production of textile
machinery.
The investigation revealed that criterion (3) has not been
met.
Petitioners allege that declines in production at the
subject firm are attributable to imports of textiles like those
produced by the subject firm's customers. Imports of final
products such as textiles cannot, however, be used as the basis
for certification of firms producing textile machinery under the
Trade Act of 1974. In this case, imports of textile machinery
would be the only basis for certification.
The investigation revealed that there were no company im-
ports of textile machinery like that produced at the subject
firm.
The United States Department of Labor conducted a survey of
major customers of the subject firm regarding their purchases of
textile machinery in 2000, 2001, and January-October of 2002.
The survey revealed that respondents did not import textile
machinery while reducing purchases from the subject firm.
United States aggregate imports of textile machinery
declined in 2001 compared with 2000.
Conclusion
After careful review, I determine that all workers of Owen
Development Corporation, d/b/a INTRA, Spartanburg, South
Carolina are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed at Washington, D.C., this 16th day of January 2003.
/s/Richard Church____________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance