Petitioner Type: Company
Impact Date: 05/20/2002
Filed Date: 06/30/2003
Most Recent Update: 07/29/2003
Determination Date: 07/29/2003
Expiration Date: 05/28/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,177
REDMAN KNITTING, INC.
RIDGEWOOD, NEW YORK
Notice of Revised Determination
On Remand
The United States Court of International Trade (USCIT)
granted the Department of Labor’s request for voluntary remand
of the negative determination on reconsideration in Former
Employees of Redman Knitting, Inc. v. U.S. Secretary of Labor
(Court No. 03-00848).
The Department's denial of Trade Adjustment Assistance
(TAA) for the workers of Redman Knitting, Inc., Ridgewood, New
York was issued on July 29, 2003 and was published in the
Federal Register on August 14, 2003 (68 FR 48643). That
investigation indicated that Redman Knitting produced knitted
fabric, and there were no increased imports of articles like or
directly competitive with knitted fabric by either the subject
company or its customers, and no shift of production abroad
during the relevant period.
By letter dated September 2, 2003, a petitioner requested
administrative reconsideration of the negative determination,
alleging that imports of knitted sweaters adversely affected
domestic production of knitted fabric. The Notice of Negative
Determination Regarding Application for Reconsideration was
issued on September 25, 2003 and was published in the Federal
Register on October 10, 2003 (68 FR 58716).
The request for reconsideration was denied because a final
product (sweaters) is not “like or directly competitive” with
its raw material (knitted fabric) and, therefore, any increased
imports of the final product cannot be used to certify workers
producing the raw material. The Department also determined that
the subject company’s major declining customers are not TAA-
certified, and that the subject worker group is therefore not
eligible under secondary impact.
In response to the petitioner’s appeal to the U.S. Court of
International Trade, the Department requested, and was granted,
a voluntary remand.
In the remand investigation, the Department requested from
the company information about the article(s) produced at the
subject facility, the plant production process, and additional
customer information. A review of the information submitted
during the remand investigation and previously submitted
documents revealed that Redman Knitting, which was thought to
have produced only knitted fabric, was in fact engaged in
activities related to the production of knitted sweaters.
Since it has been determined that the workers were engaged
in the production of sweaters, a customer survey was conducted
to determine whether imports of sweaters increased during the
relevant time period. The surveyed revealed that the subject
company’s major declining customers increased their reliance on
imports of sweaters during the relevant period.
Conclusion
After careful review of the additional facts obtained on
the current remand, I conclude that there were increased imports
of knitted sweaters like or directly competitive with those
produced at the subject firm, and that the increases contributed
importantly to the worker separations and sales or production
declines at the subject facility. In accordance with the
provisions of the Trade Act, I make the following certification:
"All workers of Redman Knitting, Inc., Ridgewood, New York,
who became totally or partially separated from employment on
or after May 20, 2002, through two years from the issuance
of this revised determination, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."
Signed at Washington, D.C. this 28th day of May 2004.
/s/ Elliott S. Kushner
____
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,177
REDMAN KNITTING INC.
RIDGEWOOD, NEW YORK
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. 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 June 30, 2003 in
response to a petition filed by a company official on behalf of
workers at Redman Knitting Inc., Ridgewood, New York. The
workers at the subject firm produce knitted fabric. Workers at
the subject firm are not separately identifiable by product
line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II. B) have not been met.
The investigation revealed that the subject firm did not
import knitted fabric or shift production abroad during 2001,
2002 or during January through June 2003.
Furthermore, the investigation revealed that the subject
firm’s major declining customers do not import knitted fabric;
instead they import sweaters.
Conclusion
After careful review, I determine that all workers of
Redman Knitting Inc., Ridgewood, New York are denied eligibility
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974.
Signed in Washington, D.C. this 29th day of July, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-52,177
REDMAN KNITTING, INC.
RIDGEWOOD, NEW YORK
Notice of Revised Determination
On Remand
The United States Court of International Trade (USCIT)
granted the Department of Labor’s request for voluntary remand
of the negative determination on reconsideration in Former
Employees of Redman Knitting, Inc. v. U.S. Secretary of Labor
(Court No. 03-00848).
The Department's denial of Trade Adjustment Assistance
(TAA) for the workers of Redman Knitting, Inc., Ridgewood, New
York was issued on July 29, 2003 and was published in the
Federal Register on August 14, 2003 (68 FR 48643). That
investigation indicated that Redman Knitting produced knitted
fabric, and there were no increased imports of articles like or
directly competitive with knitted fabric by either the subject
company or its customers, and no shift of production abroad
during the relevant period.
By letter dated September 2, 2003, a petitioner requested
administrative reconsideration of the negative determination,
alleging that imports of knitted sweaters adversely affected
domestic production of knitted fabric. The Notice of Negative
Determination Regarding Application for Reconsideration was
issued on September 25, 2003 and was published in the Federal
Register on October 10, 2003 (68 FR 58716).
The request for reconsideration was denied because a final
product (sweaters) is not “like or directly competitive” with
its raw material (knitted fabric) and, therefore, any increased
imports of the final product cannot be used to certify workers
producing the raw material. The Department also determined that
the subject company’s major declining customers are not TAA-
certified, and that the subject worker group is therefore not
eligible under secondary impact.
In response to the petitioner’s appeal to the U.S. Court of
International Trade, the Department requested, and was granted,
a voluntary remand.
In the remand investigation, the Department requested from
the company information about the article(s) produced at the
subject facility, the plant production process, and additional
customer information. A review of the information submitted
during the remand investigation and previously submitted
documents revealed that Redman Knitting, which was thought to
have produced only knitted fabric, was in fact engaged in
activities related to the production of knitted sweaters.
Since it has been determined that the workers were engaged
in the production of sweaters, a customer survey was conducted
to determine whether imports of sweaters increased during the
relevant time period. The surveyed revealed that the subject
company’s major declining customers increased their reliance on
imports of sweaters during the relevant period.
Conclusion
After careful review of the additional facts obtained on
the current remand, I conclude that there were increased imports
of knitted sweaters like or directly competitive with those
produced at the subject firm, and that the increases contributed
importantly to the worker separations and sales or production
declines at the subject facility. In accordance with the
provisions of the Trade Act, I make the following certification:
"All workers of Redman Knitting, Inc., Ridgewood, New York,
who became totally or partially separated from employment on
or after May 20, 2002, through two years from the issuance
of this revised determination, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."
Signed at Washington, D.C. this 28th day of May 2004.
/s/ Elliott S. Kushner
____
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,177
REDMAN KNITTING INC.
RIDGEWOOD, NEW YORK
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. 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 June 30, 2003 in
response to a petition filed by a company official on behalf of
workers at Redman Knitting Inc., Ridgewood, New York. The
workers at the subject firm produce knitted fabric. Workers at
the subject firm are not separately identifiable by product
line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II. B) have not been met.
The investigation revealed that the subject firm did not
import knitted fabric or shift production abroad during 2001,
2002 or during January through June 2003.
Furthermore, the investigation revealed that the subject
firm’s major declining customers do not import knitted fabric;
instead they import sweaters.
Conclusion
After careful review, I determine that all workers of
Redman Knitting Inc., Ridgewood, New York are denied eligibility
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974.
Signed in Washington, D.C. this 29th day of July, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance