DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,817

SPENCER, INC.
MT. AIRY, NORTH CAROLINA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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 its investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(A) of Section 222 have been met.
The investigation was initiated on September 11, 2003 in
response to a petition filed by a company official on behalf of
workers at Spencer's Inc., Mt. Airy, North Carolina. The workers
produced infants wear.
Sales and employment declined during the relevant period.
The investigation revealed that the subject firm increased
its imports of infants wear from Honduras during the relevant
period.
The petitioner also requested consideration for Alternative
Trade Adjustment Assistance (ATAA).
In order to issue a certification of eligibility to apply
for ATAA for older workers, the group eligibility requirements
of Section 246(a)(3)(A)(ii) of the Trade Act must be met. The
Department has determined in this case that the requirements
have been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.


Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of articles
like or directly competitive with infants wear produced at
Spencer's Inc., Mt. Airy, North Carolina contributed importantly
to the total or partial separation of workers and to the decline
in sales or production and at that firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Spencer's Inc., Mt. Airy, North Carolina
who became totally or partially separated from employment
on or after September 2, 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 and
alternative trade adjustment assistance under Section 246
of the Trade Act of 1974."
Signed in Washington, D. C., this 30th day of September, 2003.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance