Petitioner Type: Workers
Impact Date:
Filed Date: 06/10/2004
Most Recent Update: 07/26/2004
Determination Date: 07/26/2004
Expiration Date:
Employment and Training Administration
TA-W-55,063
MILLIKEN & COMPANY
GILLESPIE PLANT
TEXTILE MANUFACTURING DIVISION
UNION, SOUTH CAROLINA
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. 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 June 10, 2004 in response
to a petition filed on behalf of workers of Milliken & Company,
Gillespie Plant, Textile Manufacturing Division, Union, South
Carolina. The workers produced "flocking" substrate material.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II. B) have not been met.
The investigation revealed that the subject firm did not
import flocking substrate material in 2002, 2003, or January
through May 2004, nor did it shift the production abroad during the
relevant period.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of "flocking" substrate
material in 2002 through May, 2004. The survey revealed
respondents did not increase imports while reducing purchases from
the subject firm.
The predominant cause of separations at the Union, South
Carolina plant is the company's decision to transfer production to
another domestic facility.
Conclusion
After careful review of the facts obtained during this
investigation, I determine that all workers of Milliken & Company,
Gillespie Plant, Textile Manufacturing Division, Union, South
Carolina are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C., this 26th day of July 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance