Petitioner Type: Workers
Impact Date:
Filed Date: 11/20/2003
Most Recent Update: 12/30/2003
Determination Date: 12/30/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,597
FASHION TECHNOLOGIES
GAFFNEY, SOUTH 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 20, 2003 in
response to a petition filed on behalf of workers at Fashion
Technologies, Gaffney, South Carolina. The workers of the subject
company produce rotary screens and design separations.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject company did not
import rotary screens or design separations, nor did it shift
production abroad in 2001, 2002, or January through November 2003.
A Department of Labor survey of the subject company's
customers regarding their purchases of rotary screens and design
separations for the 2001-2002 and January to November 2002-2003
periods revealed no imports of rotary screens and no increase in
imports of design separations during the relevant period.
Petitioners allege that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that was not the case.
The subject firm did not supply a component to a primary firm
whose workers have been certified as trade impacted. The rotary
screens and design separations are used in the manufacturing
process and are thus not a component part of the article that was
the basis of the certification of the primary firm.
Conclusion
After careful review, I determine that all workers of Fashion
Technologies, Gaffney South Carolina are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D.C. this 30th day of December 2003
/s/Richard Church
______________________________
Richard Church
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,597
FASHION TECHNOLOGIES
GAFFNEY, SOUTH 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 20, 2003 in
response to a petition filed on behalf of workers at Fashion
Technologies, Gaffney, South Carolina. The workers of the subject
company produce rotary screens and design separations.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject company did not
import rotary screens or design separations, nor did it shift
production abroad in 2001, 2002, or January through November 2003.
A Department of Labor survey of the subject company's
customers regarding their purchases of rotary screens and design
separations for the 2001-2002 and January to November 2002-2003
periods revealed no imports of rotary screens and no increase in
imports of design separations during the relevant period.
Petitioners allege that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that was not the case.
The subject firm did not supply a component to a primary firm
whose workers have been certified as trade impacted. The rotary
screens and design separations are used in the manufacturing
process and are thus not a component part of the article that was
the basis of the certification of the primary firm.
Conclusion
After careful review, I determine that all workers of Fashion
Technologies, Gaffney South Carolina are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D.C. this 30th day of December 2003
/s/Richard Church
______________________________
Richard Church
Certifying Officer, Division of
Trade Adjustment Assistance