Petitioner Type: Union
Impact Date:
Filed Date: 04/21/2004
Most Recent Update: 05/11/2004
Determination Date: 05/11/2004
Expiration Date:
Employment and Training Administration
TA-W-54,755
TEXTILE SALES AND REPAIR, INC.
GASTONIA, NORTH CAROLINA
Negative Determinations 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,
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 April 24, 2004 in response
to a petition filed by a company official on behalf of workers at
Textile Sales and Repair, Inc., Gastonia, North Carolina. The
workers sold used textile machinery as well as new and used parts
for textile machinery. Additionally they assembled parts to produce
a new or rebuilt product.
The investigation revealed that criteria (I.C) and (II.B) were
not met.
The investigation revealed that the subject firm did not
import textile machinery or used parts for textile machinery, nor
did it shift production abroad during the relevant period.
The U.S. Department of Labor conducted a survey of major
customers of the subject firm regarding their purchases of new and
used textile machinery parts during 2002 and 2003. The survey
revealed no increase of imports during the relevant period.
Conclusion
After careful review, I determine that all workers of Textile
Sales and Repair, Inc., Gastonia, 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 11th day of May, 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance