Petitioner Type: Company
Impact Date: 02/12/2003
Filed Date: 02/23/2004
Most Recent Update: 03/24/2004
Determination Date: 03/24/2004
Expiration Date: 03/24/2006
Employment and Training Administration
TA-W-54,332
SPRINGS INSUSTRIES, INC.
BEDDING DIVISION
LYMAN FINISHING PLANT
LYMAN, SOUTH CAROLINA
Certification Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order
to provide equitable access to ATAA for worker groups whose
petitions were still in process at the time of implementation of
the ATAA program on August 6, 2003. Under this new
interpretation, worker groups covered by the certification of a
petition that was in process on August 6, 2003 may request ATAA
consideration for the certified worker group. In addition,
certified worker groups who filed petitions after that date may
also request ATAA if the petition did not include an option to
apply for ATAA. The request must be made to the Department and
may be made by anyone who was entitled to file the original
petition under section 221(a)(1) of the Act.
By letter dated November 23, 2004 a company official
requested ATAA consideration for workers at the subject firm
located in Lyman, South Carolina.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246(a)(3)(A) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data show
that competitive conditions within the fabric for bedding
products industry are adverse.
Conclusion
After careful review of the facts obtained on investigation,
I conclude that the requirements of Section 246(a)(3)(A) 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 Springs Industries, Inc., Bedding Division,
Lyman finishing Plant, Lyman, South Carolina who became
totally or partially separated from employment on or after
February 12, 2003 through March 24, 2006 are eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 7th day of January 2005.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,332
SPRINGS INDUSTRIES, INC.
BEDDING DIVISION
LYMAN FINISHING PLANT
LYMAN, SOUTH CAROLINA
Certification 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 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 sales and/or production have
decreased absolutely at the workers firm or subdivision and an
increase in imports of articles like or directly competitive with
articles produced by the workers’ firm or subdivision contributed
importantly to workers’ separation or threat of separation and to
the decline in the sales or production of the subject firm or
subdivision.
The investigation was initiated on February 23, 2004 in
response to a petition filed by a company official on behalf of
workers at Springs Industries, Inc., Bedding Division, Lyman
Finishing Plant, Lyman, South Carolina. The workers at the subject
facility produce finished fabric for bedding products.
The investigation revealed that production and employment at
the subject facility declined from 2002 to 2003.
The investigation further revealed that company imports of
finished fabric for bedding products increased during the relevant
period.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with finished fabric for bedding
products produced at Springs Industries, Inc., Bedding Division,
Lyman Finishing Plant, Lyman, South Carolina 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 Springs Industries, Inc., Bedding Division,
Lyman Finishing Plant, Lyman, South Carolina, who became
totally or partially separated from employment on or after
February 12, 2003 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 24th day of March 2004
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
May want to list the specific citation to the group eligibility requirements.
May want to list the specific citation to the group eligibility requirements.