Petitioner Type: Union
Impact Date: 04/21/2003
Filed Date: 04/22/2004
Most Recent Update: 06/21/2004
Determination Date: 06/21/2004
Expiration Date: 09/10/2006
Employment and Training Administration
TA-W-54,768
CRYSTAL SPRINGS APPAREL, LLC
CRYSTAL SPRINGS, MISSISSIPPI
Notice of Revised Determination
on Reconsideration
On July 27, 2004, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The Notice
was published in the Federal Register on August 10, 2004 (69 FR
48526).
On June 21, 2004, the Department initially denied TAA to
workers of Crystal Springs Apparel, LLC, Crystal Springs,
Mississippi because the workers performed administrative and
warehousing activities and did not produce an article as defined
by the Trade Act of 1974, as amended.
In the request for reconsideration, the company official
stated that the subject worker are not service workers. Rather,
the subject worker group produces knit shirts and woven shirts
(men’s and ladies’) and are not separately identifiable by
product line.
During the reconsideration investigation, the Department
determined that the subject worker group are production workers
and conducted an investigation to determine whether the workers
are eligible to apply for trade adjustment assistance.
The reconsideration investigation revealed that subject
company sales, production, imports and employment levels declined
in 2003 from 2002 levels and declined during January-April 2004
from the corresponding time period in 2003.
The Department also surveyed the subject company’s major
declining customers regarding their purchases of knit and woven
shirts (men’s and ladies’) for time periods 2002, 2003, January-
April 2003 and January-April 2004. The survey revealed that
major declining customers increased their imports of knit and
woven shirts like and directly competitive with those produced at
the subject company while decreasing their purchases from the
subject company during the relevant period.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with knit and woven shirts produced
at the subject firm contributed importantly to the declines in
sales or production and to the total or partial separation of
workers of Crystal Springs Apparel, LLC, Crystal Springs,
Mississippi. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Crystal Springs Apparel, LLC, Crystal
Springs, Mississippi who became totally or partially
separated from employment on or after April 21, 2003 through
two years of this certification, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."
Signed in Washington, D.C. this 10th day of September 2004.
/s/ Elliott S. Kushner
____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,768
CRYSTAL SPRINGS APPAREL, LLC
CRYSTAL SPRINGS, MISSISSIPPI
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 investigation was initiated on April 22, 2004 in response
to a petition filed on behalf of workers of Crystal Springs
Apparel, LLC, Crystal Springs, Mississippi. The workers perform
administrative and warehousing activities.
The investigation revealed that Crystal Springs Apparel, LLC,
Crystal Springs, Mississippi does not produce an article within the
meaning of Section 222 (a)(2) of the Act. In order to be
considered eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, the worker group seeking
certification (or on whose behalf certification is being sought)
must work for a "firm" or appropriate subdivision that produces an
article and there must be a relationship between the workers' work
and the article produced by the workers' firm or appropriate
subdivision. The warehousing/administrative workers described above
do not support a firm or appropriate subdivision that produces an
article domestically and thus the worker group can not be
considered import impacted or affected by a shift in production of
an article.
Conclusion
After careful review, I determine that all workers of Crystal
Springs Apparel, LLC, Crystal Springs, Mississippi are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D. C., this 21st day of June, 2004.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance