Petitioner Type: Workers
Impact Date:
Filed Date: 05/21/2003
Most Recent Update: 06/11/2003
Determination Date: 06/11/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,841
ASCOT ENTERPRISES, INC.
WINDOW FASHIONS
LINCOLNTON, GEORGIA
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 May 21, 2003, in response
to a petition filed on behalf of workers of Ascot Enterprises,
Inc., Window Fashions, Lincolnton, Georgia. The workers produce
curtains, bedspreads and vertical blinds.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
The investigation revealed that the subject firm did not
import curtains, bedspreads and vertical blinds during the relevant
period of 2001 to 2002 and from January through April 2003 over the
corresponding 2002 period, nor did they shift production to a
foreign source.
The preponderance in the declines in employment at the subject
facility is related to a domestic transfer of curtain, bedspread
and vertical blind production to an affiliated facility in Florida.
Furthermore, the Department surveyed the major declining
customers of the subject firm regarding its purchases of curtains,
bedspreads and vertical blinds during 2001, 2002 and January
through April 2003. The survey revealed no imports of like or
directly competitive products during the period under
investigation.
Conclusion
After careful review, I determine that all workers of Ascot
Enterprises, Inc., Window Fashions, Lincolnton, Georgia 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 11th day of June, 2003.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance