Petitioner Type: Workers
Impact Date: 12/02/2001
Filed Date: 12/17/2002
Most Recent Update: 03/17/2003
Determination Date: 03/17/2003
Expiration Date: 06/03/2005
Employment and Training Administration
TA-W-50,360
OCEAN STATE FINISHING COMPANY
WOONSOCKET, RHODE ISLAND
Notice of Revised Determination
on Reconsideration
By application of April 17, 2003, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA).
The initial investigation resulted in a negative
determination issued on March 17, 2003, based on the finding that
imports of dyed and finished circular knit fabrics for the
women’s apparel industry did not contribute importantly to worker
separations at the Woonsocket plant. The denial notice was
published in the Federal Register on April 2, 2003 (68 FR 16093).
To support the request for reconsideration, the petitioner
provided additional information to supplement that which was
gathered during the initial investigation. Upon further review
and contact with the company, evidence revealed that R.G.
Knitting Mills, Inc., Woonsocket, Rhode Island, to whom the
petitioning workers’ firm or subdivision acts as a downstream
producer, employed a group of workers who received a
certification of eligibility for trade adjustment assistance
based on an increase in imports from, or a shift in production
to, Canada or Mexico, and the downstream production is related to
the article that was the basis for such certification. R.G.
Knitting Mills, Inc., Woonsocket, Rhode Island was affected by
imports from Canada and Mexico while reducing purchases of dyed
and finished circular knit fabrics for the women’s apparel
industry from the petitioning workers’ firm or subdivision. The
subject firm’s employment declined, in part, because of the
imports. Workers of R.G. Knitting Mills, Inc., Woonsocket, Rhode
Island were certified as eligible to apply for Trade Adjustment
Assistance on May 16, 2002 (TA-W-41,109).
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Ocean State Finishing
Company, Woonsocket, Rhode Island qualify as adversely affected
secondary workers under Section 222(b) of the Trade Act of 1974, as
amended. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Ocean State Finishing Company, Woonsocket,
Rhode Island who became totally or partially separated from
employment on or after December 2, 2001, through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."
Signed at Washington, D.C., this 3rd day of June 2003
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,360
OCEAN STATE FINISHING COMPANY
WOONSOCKET, RHODE ISLAND
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. 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;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A 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;
B. 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
C. One of the following must be satisfied:
1. 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;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. 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.
The investigation was initiated on December 17, 2002, in
response to a petition filed on behalf of workers at Ocean State
Finishing Company, Woonsocket, Rhode Island. The workers dyed and
finished circular knit fabrics for the women’s apparel industry.
The investigation revealed that Criteria I.C. and II.B. are
not met.
The subject firm has not shifted its dying and finishing of
circular knit fabrics to an offshore location nor does it import
dyed and finished circular knit fabrics.
The U.S. Department of Labor initiated a survey of the major
customers of the subject firm. That survey revealed that those
customers have not significantly increased their imports of dyed
and finished circular knit fabrics.
Petitioners allege that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that was not the case. None of the customers
provided by the company to the Department of Labor is currently
under certification for Trade Adjustment Assistance or NAFTA
Transitional Adjustment Assistance.
Conclusion
After careful review, I determine that all workers of Ocean
State Finishing Company, Woonsocket, Rhode Island, are denied
eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, as amended.
Signed in Washington, D.C. this 17th day of March 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance