Petitioner Type: Company
Impact Date: 12/08/2002
Filed Date: 12/11/2003
Most Recent Update: 12/29/2003
Determination Date: 12/29/2003
Expiration Date: 12/29/2005
Employment and Training Administration
TA-W-53,779
NATIONAL MILLS, INC.
PITTSBURG, KANSAS
Notice of Determination 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 December 11, 2003 in
response to a petition filed by a company official on behalf of
workers at National Mills, Inc., Pittsburg, Kansas. The workers at
the subject facility sew and screen-print tee shirts and are
separately identifiable by function.
With respect to workers at National Mills, Inc., Pittsburg,
Kansas sewing tee shirts, the investigation revealed that criteria
(a)(2)(A)(I.A) and (a)(2)(B)(II.A) have not been met.
The investigation showed that employment of sewers at the
subject firm increased from January to November 2003 when compared
to the same period in 2002.
With respect to workers at National Mills, Inc., Pittsburg,
Kansas, screen-printing tee shirts, it is determined that the
requirements of (a)(2)(A) of Section 222 have been met.
The investigation revealed that sales, production, and
employment related to screen-printing tee shirts declined from
January through November 2003 when compared to the same period in
2002.
The investigation also revealed that imports of screen-printed
tee shirts by the subject firm increased during the relevant time
period.
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 group eligibility requirements
of Section 246 of the Trade Act must be met.
With respect to workers of the subject firm engaged in
employment related to screen-printing tee shirts, the Department
has determined that the requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over and
possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
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). Therefore,
with respect to workers of the subject firm engaged in employment
related to sewing tee shirts, the Department has determined that
the requirements of Section 246 have not been met.
Conclusion
After careful review of the facts obtained in the investigation, I
conclude that increases of imports of articles like or directly
competitive with screen-printed tee shirts produced by National
Mills, Inc., Pittsburg, Kansas, contributed importantly to the
total or partial separation of workers and to the decline in sales
or production at that firm.
In accordance with the provisions of the Act, I make the
following certification:
"Workers of National Mills, Inc., Pittsburg, Kansas, engaged
in employment related to the production of screen-printed tee
shirts, who became totally or partially separated from
employment on or after December 8, 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, and are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974;"
and
I further determine that workers of National Mills, Inc.,
Pittsburg, Kansas, engaged in employment related to sewing tee
shirts at National Mills, Inc., Pittsburg, Kansas, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 29th day of December 2003.
/s/Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance