Petitioner Type: Company
Impact Date: 05/16/2002
Filed Date: 05/22/2003
Most Recent Update: 06/13/2003
Determination Date: 06/13/2003
Expiration Date: 07/11/2005
Employment and Training Administration
TA-W-51,861
ROSEWOOD MANUFACTURING COMPANY
A DIVISION OF BLAUER MANUFACTURING COMPANY, INC.
CHARLESTON, MISSISSIPPI
Notice of Revised Determination
on Reconsideration
By letter of June 25, 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 June 13, 2003, based on the finding that
imports of public safety sweaters and jackets did not contribute
importantly to worker separations at the subject plant. The
denial notice was published in the Federal Register on July 3,
2003 (68 FR 39976).
To support the request for reconsideration, the company
supplied additional information to supplement that which was
gathered during the initial investigation. Upon further review,
it was revealed that sales and production figures provided in the
initial investigation combined subject firm sales and production
with import data. Subsequently, it was revealed that in fact
sales and production declines did occur, and also that company
imports increased in the relevant period, contributing to layoffs
at the subject firm.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Rosewood
Manufacturing Company, Inc., A Division of Blauer Company, Inc.,
Charleston, Mississippi, contributed importantly to the declines
in sales or production and to the total or partial separation of
workers at the subject firm. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Rosewood Manufacturing Company, Inc., A
Division of Blauer Company, Inc., Charleston, Mississippi,
who became totally or partially separated from employment on
or after May 16, 2002, through two years from the date of
this certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 11th day of July 2003.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,861
ROSEWOOD MANUFACTURING COMPANY
A DIVISION OF BLAUER MANUFACTURING COMPANY, INC.
CHARLESTON, MISSISSIPPI
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 in response to a petition
initiated on May 22, 2003 and filed by a company official on behalf
of workers at Rosewood Manufacturing Company, a division of Blauer
Manufacturing Company, Inc., Charleston, Mississippi. The workers
produce public safety sweaters and jackets.
The investigation revealed that criteria (a)(2)(A)(I.B.) and
(a)(2)(B)(II.B) are not met.
The investigation revealed that sales and production at the
subject firm increased from 2001 to 2002 and again from January
through April 2003 when compared to the same time period in 2002.
Conclusion
After careful review, I determine that all workers of Rosewood
Manufacturing Company, a division of Blauer Manufacturing Company,
Inc., Charleston, Mississippi are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 13th day of June, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance