DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,798

MOHICAN MILLS, INC.
LINOLNTON, NORTH CAROLINA


Negative Determination
on Reconsideration

On April 16, 2004, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The Department’s
notice was published in the Federal Register on April 30, 2004
(69 FR 23818).
The Department initially denied Trade Adjustment Assistance
(TAA) to workers of Mohican Mills, Inc., Lincolnton, North
Carolina because the "contributed importantly" group eligibility
requirement of Section 222(3) of the Trade Act of 1974 was not
met. The subject worker group produces textiles, primarily warp
knit products, and workers are not separately identifiable by
product line. During the relevant period, the company did not
import or shift production abroad. A survey of the company’s
major declining customers revealed insignificant amounts of warp
knit fabric imports during the relevant time period. Aggregate
data showed decreased imports during the relevant time.
The petitioner alleges in the request for reconsideration
that lace is not the same as warp knit fabrics and that workers
who make lace produces are separately identifiable from workers
who make other types of warp knit fabric. The petitioner
requests that the negative determination not be applied to lace
producers and that the Department address only lace products in
the new investigation. The petitioner also alleges that that
increased imports of raw lace material has negatively impacted
domestic lace production.
In the reconsideration investigation, the Department
contacted the company and was informed that lace is a type of
warp knit fabric and that lace production constitutes a small
percentage of production (about five percent). The company also
confirmed that the workers are not separately identifiable by
product line. A new customer survey of lace product imports was
not conducted because the initial survey of warp knit fabric was
appropriate.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Mohican
Mills, Inc., Lincolnton, North Carolina.
Signed at Washington, D.C. this 7th day May 2004

/s/ Elliott S. Kushner
_
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Assistance