Denied
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TAW-52907  /  Dycraftsmen, Inc. (Taunton, MA)

Petitioner Type: Union
Impact Date:
Filed Date: 09/23/2003
Most Recent Update: 10/24/2003
Determination Date: 10/24/2003
Expiration Date:




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,907

DYECRAFTSMEN, INC.
TAUNTON, MASSACHUSETTS

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 (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 of component parts to a firm or
subdivision primarily affected by increased imports or a shift in
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 September 23, 2003 in
response to a petition filed by the New England Joint Board of
UNITE on behalf of workers of Dyecraftsmen, Inc., Taunton,
Massachusetts. The workers do yarn dyeing, primarily of wool yarn.
The investigation revealed that criterion (2) has not been

met.

Petitioners allege that the subject firm lost business as a
supplier to a firm that shifted production abroad or was affected
by imports. The investigation revealed, however, that was not
the case. The principal customer of the firm has not been
certified as eligible for trade adjustment assistance.
Moreover, the investigation revealed that there were no
company imports of dyed yarn, nor was there a shift in production
of dyed yarn to a foreign country during the period under
investigation.
The Department conducted a survey of a major customer of the
subject firm regarding purchases of dyed yarn in 2001, 2002, and
January through September of 2003. The survey revealed that the
respondent did not import during 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 assis-
tance (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
Dyecraftsmen, Inc., Taunton, Massachusetts covered by this
petition do not qualify as adversely affected secondary workers
and are denied eligibility to apply for adjustment assistance
under section 223(b) of the Trade Act of 1974, and are also
denied eligibility to apply for alternative trade adjustment
assistance (ATAA) under Section 246 of the Trade Act of 1974.
Signed at Washington, D.C., this 24th day of October 2003.

/s/ Richard Church

__
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance