Petitioner Type: Company
Impact Date: 09/29/2002
Filed Date: 10/23/2003
Most Recent Update: 12/31/2003
Determination Date: 12/31/2003
Expiration Date: 12/31/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,321
CHARTER FABRICS, INC.
NEW YORK, NEW YORK
Notice of Revised Determination
Of Alternative Trade Adjustment Assistance
On Remand
On February 14, 2006, the U.S. Court of International Trade
(USCIT) granted the Department’s motion for voluntary remand in
Former Employees of Charter Fabrics, Inc. v. United States
Secretary of Labor, Court No. 05-00652.
A negative determination regarding the subject workers’
eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA) was issued on September 7, 2005. The determination stated
that the investigation revealed that the skills of the worker
group were easily transferable to other positions in the local
commuting area.
During the remand investigation, the Department contacted
the human resources official at the subject firm for information
related to the ATAA investigation. Information provided by this
company official revealed that there were few available jobs in
the local area and in the industry at the time of separation.
At least five percent of the workforce at the subject firm
is at least fifty years of age. Workers possess skills that are
not easily transferable. Competitive conditions within the
industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Charter Fabrics, Inc., New York, New York,
who became totally or partially separated from employment on
or after September 29, 2002 through December 31, 2005, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are also eligible to apply
for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.”
Signed in Washington, D.C. this 2nd day of March 2006.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,321
CHARTER FABRICS, INC.
NEW YORK, NEW YORK
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), 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 October 23, 2003, in
response to a petition filed on behalf of workers of Charter
Fabrics, Inc., New York, New York. The workers at the subject firm
are engaged in the production of woven textiles for apparel.
The investigation revealed that sales and employment at the
subject facility decreased from fiscal year 2002 to fiscal year
2003.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of woven textiles.
This survey revealed increases in imports of textiles during the
period under investigation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with woven textiles produced by
Charter Fabrics, Inc., New York, New York, 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 Charter Fabrics, Inc., New York, New York, who
became totally or partially separated from employment on or
after September 29, 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."
Signed in Washington, D. C. this 31st day of December, 2003
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,321
CHARTER FABRICS, INC.
NEW YORK, NEW YORK
Notice of Revised Determination
Of Alternative Trade Adjustment Assistance
On Remand
On February 14, 2006, the U.S. Court of International Trade
(USCIT) granted the Department’s motion for voluntary remand in
Former Employees of Charter Fabrics, Inc. v. United States
Secretary of Labor, Court No. 05-00652.
A negative determination regarding the subject workers’
eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA) was issued on September 7, 2005. The determination stated
that the investigation revealed that the skills of the worker
group were easily transferable to other positions in the local
commuting area.
During the remand investigation, the Department contacted
the human resources official at the subject firm for information
related to the ATAA investigation. Information provided by this
company official revealed that there were few available jobs in
the local area and in the industry at the time of separation.
At least five percent of the workforce at the subject firm
is at least fifty years of age. Workers possess skills that are
not easily transferable. Competitive conditions within the
industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Charter Fabrics, Inc., New York, New York,
who became totally or partially separated from employment on
or after September 29, 2002 through December 31, 2005, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are also eligible to apply
for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.”
Signed in Washington, D.C. this 2nd day of March 2006.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,321
CHARTER FABRICS, INC.
NEW YORK, NEW YORK
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), 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 October 23, 2003, in
response to a petition filed on behalf of workers of Charter
Fabrics, Inc., New York, New York. The workers at the subject firm
are engaged in the production of woven textiles for apparel.
The investigation revealed that sales and employment at the
subject facility decreased from fiscal year 2002 to fiscal year
2003.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of woven textiles.
This survey revealed increases in imports of textiles during the
period under investigation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with woven textiles produced by
Charter Fabrics, Inc., New York, New York, 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 Charter Fabrics, Inc., New York, New York, who
became totally or partially separated from employment on or
after September 29, 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."
Signed in Washington, D. C. this 31st day of December, 2003
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance