Petitioner Type: Company
Impact Date: 11/05/2002
Filed Date: 11/07/2003
Most Recent Update: 12/15/2003
Determination Date: 12/15/2003
Expiration Date: 03/11/2006
Employment and Training Administration
TA-W-53,487
NATIONAL TEXTILES
EDEN, NORTH CAROLINA
Notice of Revised Determination
on Reconsideration
By application of February 6, 2004, a company official
requested administrative reconsideration regarding the
Department’s Negative Determination Regarding Eligibility to
Apply for Worker Adjustment Assistance, applicable to the workers
of the subject firm.
The initial investigation resulted in a negative
determination issued on December 15, 2003, based on the finding
that imports of cut fabric did not contribute importantly to
worker separations at the subject plant and that there was no
shift to a foreign country. The denial notice was published in
the Federal Register on January 16, 2004 (69 FR 2622).
To support the request for reconsideration, the company
official supplied additional information to supplement that which
was gathered during the initial investigation. Upon further
review, it was revealed that the company shifted production of
cut fabric to Mexico and Honduras during the relevant period and
that this shift contributed importantly to layoffs at the subject
firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers’ firm or subdivision to Mexico and Honduras of
articles that are like or directly competitive with those produced
by the subject firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of National Textiles, Eden, North Carolina who
became totally or partially separated from employment on or
after November 5, 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 11th day of March 2004.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,487
NATIONAL TEXTILES
EDEN, NORTH CAROLINA
Negative Determination Regarding Eligibility
To Apply for Worker 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
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 November 7, 2003 in
response to a petition filed by a company official on behalf of
workers at National Textiles, Eden, North Carolina. The workers at
the subject facility produce cut fabric (garment pieces).
The investigation revealed that neither criteria (a)(2)(A) nor
(a)(2)(B) were met.
The subject facility did not import cut fabric (garment
pieces) during the relevant period, or shift production abroad
during the relevant period.
The investigation revealed that the decline in employment is
attributable to the loss of export business by the subject
facility.
Conclusion
After careful review, I determine that all workers of National
Textiles, Eden, 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 15th day of December 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance