Petitioner Type: Company
Impact Date:
Filed Date: 08/15/2003
Most Recent Update: 09/05/2003
Determination Date: 09/05/2003
Expiration Date:
Employment and Training Administration
TA-W-52,568
DAY INTERNATIONAL
TEXTILES DIVISION
GREENVILLE, SOUTH CAROLINA
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers as suppliers to a firm or subdivision primarily
affected by increased imports or a shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and
(3) either-
(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.
The investigation was initiated on August 15, 2003 in response
to a petition filed by a company official on behalf of workers of
Day International, Inc., Textiles Division, Greenville, South
Carolina. The workers at the subject firm produce cot and apron
accessories used in textile machines.
The investigation revealed that criterion (2) has not been
met.
The petitioner alleges 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 this was not the case.
The Department of Labor has determined that cots and aprons
are not a component of sheeting, towels and bath accessories
produced by the primary firm. The cots and aprons are accessories
used with manufacturing equipment and are not a component of the
article(s) that were the basis of the certification of the primary
firm.
Conclusion
After careful review, I determine that all workers of Day
International, Inc., Textiles Division, Greenville, South Carolina
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 2nd day of September 2003
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance