Petitioner Type: Workers
Impact Date: 01/16/2002
Filed Date: 01/17/2003
Most Recent Update: 04/30/2003
Determination Date: 04/30/2003
Expiration Date: 06/26/2005
Employment and Training Administration
TA-W-50,597
HARRIET & HENDERSON YARNS, INC.
J.D. PLANT
HENDERSON, NORTH CAROLINA
TA-W-50,597A
HARRIET & HENDERSON YARNS, INC.
HENDERSON PLANT
HENDERSON, NORTH CAROLINA
Notice of Revised Determination
on Reconsideration
By application of May 28, 2003 and May 29, 2003, a company
official requested administrative reconsideration regarding the
Department’s Negative Determination Regarding Eligibility to
Apply for Worker Adjustment Assistance, applicable to the workers
of the subject firm.
The initial investigation resulted in a negative determination
issued on April 30, 2003, based on the finding that imports of open
end spun yarn and ring spun yarn did not contribute importantly to
worker separations at the subject facilities. The denial notice
was published in the Federal Register on May 9, 2003 (68 FR 25060).
In their request, the company asked that the subject firm
workers be reconsidered for certification on the basis of acting
as upstream suppliers to firms under active certification for
trade adjustment assistance.
After a review of the subject firm customers on this basis,
including several customers not supplied in the original
investigation, it was revealed that Harriet & Henderson Yarns,
Inc., Henderson Plant, Henderson, North Carolina supplied
component parts for polyester cotton fabric produced by Galey and
Lord Industries (TA-W-39,945), and a loss of business with this
manufacturer contributed importantly to the workers’ separation.
It was further revealed that Harriet & Henderson Yarns, Inc.,
J.D. Plant, Henderson, North Carolina supplied component parts
for socks and gloves produced by several trade certified firms,
and a loss of business with these manufacturers contributed
importantly to the workers’ separation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Harriet & Henderson
Yarns, Inc., J.D. Plant, Henderson, North Carolina (TA-W-50,597)
and Harriet & Henderson Yarns, Inc., Henderson Plant, Henderson,
North Carolina (TA-W-50,597A) qualify as adversely affected
secondary workers under Section 222 of the Trade Act of 1974, as
amended. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Harriet & Henderson Yarns, Inc., J.D. Plant,
Henderson, North Carolina (TA-W-50,597) and Harriet &
Henderson Yarns, Inc., Henderson Plant, Henderson, North
Carolina (TA-W-50,597A) who became totally or partially
separated from employment on or after January 16, 2002,
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 26th 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-50,597
HARRIET & HENDERSON YARNS, INC.
J.D. PLANT
HENDERSON, NORTH CAROLINA
TA-W-50,597A
HARRIET & HENDERSON YARNS, INC.
HENDERSON PLANT
HENDERSON, NORTH CAROLINA
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
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 January 16, 2003 in
response to a petition filed on behalf of workers of Harriet &
Henderson Yarns, Inc., J.D. Plant, Henderson, North Carolina (TA-W-
50,597) and was amended by a company official to include Harriet &
Henderson Yarns, Inc., Henderson Plant, Henderson, North Carolina
(TA-W-50,597A). Workers at Harriet & Henderson Yarns, Inc., J.D.
Plant, Henderson, North Carolina (TA-W-50,597) produces open end
spun yarn and workers at Harriet & Henderson Yarns, Inc., Henderson
Plant, Henderson, North Carolina (TA-W-50,597A) produced ring spun
yarn.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the Harriet & Henderson Yarns,
Inc. did not import open end spun yarn or ring spun yarn during
2001 or 2002.
Furthermore, the investigation revealed that the subject firm
did not shift production of open end spun yarn or ring spun yarn to
any foreign country during the relevant period.
The Department of Labor surveyed the major declining customers
of Harriet & Henderson Yarns, Inc., J.D. Plant, Henderson, North
Carolina (TA-W-50,597) regarding their purchases of open end spun
yarn during the relevant period. This survey revealed no imports.
Additionally, the Department of Labor surveyed the major
declining customers of Harriet & Henderson Yarns, Inc., Henderson
Plant, Henderson, North Carolina (TA-W-50,597A) regarding their
purchases of ring spun yarn during the relevant period. This
survey revealed no imports.
Conclusion
After careful review, I determine that all workers of Harriet
& Henderson Yarns, Inc., J.D. Plant, Henderson, North Carolina (TA-
W-50,597) and Harriet & Henderson Yarns, Inc., Henderson Plant,
Henderson, North Carolina (TA-W-50,597A) are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D.C. this 30th day of April, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance