DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,881

MOHICAN MILLS
LINCOLNTON, NORTH CAROLINA

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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 September 22, 2003, in
response to a petition filed by a state agency representative on
behalf of workers of Mohican Mills, Inc., Lincolnton, North
Carolina. The workers produced primarily dyed warp knit yarn.
The investigation revealed that criteria I.C and II.B have not
been met.
The company did not import nor has there 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.
U.S. imports of open-work fabrics, dyed, synthetic fibers,
warp knit (including those made on gallon knitting machines)
excluding those of headings 6001 to 6004 decreased in January-
August 2003 compared to the same period in 2002.
The Department conducted a survey of major declining
customers of the subject plant regarding their purchases of dyed
warp knit fabric in 2001, 2002 and January-August 2003. The
survey revealed that the respondents did not import in the
relevant period.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment
assistance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Mohican Mills, Inc., Lincolnton, North Carolina 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 October 2003.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance