DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,175

LEVI STRAUSS AND COMPANY
KNOXVILLE, TENNESSEE


Notice of Revised Determination
On Remand

The United States Court of International Trade (USCIT) granted
the Department’s motion for voluntary remand for further
investigation in Former Employees of Levi Strauss and Company v.
U.S. Secretary of Labor (Court No. 04-00580).
The Department's denial of the initial petition for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA) was issued on July 27, 2004. The Notice of
negative determination was published in the Federal Register on
August 10, 2004 (69 FR 48530). The denial was based on the finding
that the subject worker group did not produce an article within the
meaning of Section 222(a)(2) of the Act and did not support
production of an article by Levi Straus and Company, Knoxville,
Tennessee or an appropriate subdivision of Levi Straus and Company.
By letter dated August 27, 2004, the petitioner requested
administrative reconsideration, contending that the workers
supported a qualifying production facility: Levi Straus, Powell,
Tennessee. Because the Department’s questions to the subject
company whether the subject workers supported any domestic
production facility was responded in the negative, the Department
affirmed the initial determination. On September 17, 2004, the
Department denied the petitioner’s request for reconsideration
because no production occurred at Levi Strauss and Company, Powell,
Tennessee during the twelve-month period prior to the petition date
(April 15, 2004). The Department’s Notice was published in the
Federal Register on October 8, 2004 (69 FR 60430).
By letter dated November 10, 2004, the petitioner filed an
appeal with the USCIT, alleging that the subject worker group
supported a TAA-certified facility during the twelve-month period
prior to the petition date of April 15, 2004: Levi Strauss and
Company, San Antonio, Texas (TA-W-41,377E).
In order to investigate the petitioner’s new allegation, the
Department filed a motion for voluntary remand. In an Order issued
on January 20, 2005, the USCIT granted the Department’s motion.
The Department conducted a remand investigation in order to
determine whether the subject worker group met the criteria set
forth in the Trade Act of 1974 for TAA certification as primarily-
affected workers. Section 222(a) of the Trade Act (19 U.S.C.
2272(a)) provides:
A group of workers (including workers in any agricultural firm
or subdivision of an agricultural firm) shall be certified by
the Secretary as eligible to apply for adjustment assistance
under this part pursuant to a petition filed under section
2271 of this title if the Secretary determines that--

(1) 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; and

(2)(A)(i) the sales or production, or both, of such firm or
subdivision have decreased absolutely;

(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have increased;
and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or threat
of separation and to the decline in the sales or production of
such firm or subdivision; or

(B)(i) 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

(ii)(I) 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;

(II) 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

(III) 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.


During the remand investigation, the Department raised
additional questions and obtained detailed supplemental responses
from the company. In particular, the new information provided by
two managers who worked at the subject facility and confirmed by
the director of human resources located in Weston, Florida who is
familiar with the Knoxville, Tennessee operations, revealed that
the subject worker group was engaged in activities which supported
domestic subject company production, including the San Antonio,
Texas facility.
The Department also investigated whether Levi Strauss, San
Antonio, Texas was TAA-certifiable during the relevant period. The
investigation revealed that the San Antonio, Texas facility closed
in January 2004 and that increased company imports during the
relevant period contributed importantly to the plant’s closure and
the worker group’s separations.
The Department has determined that all criteria regarding ATAA
for the subject worker group have been met. A significant number
or proportion of the worker group are age fifty years or over, the
workers possess skills that are not easily transferable and
competitive conditions within the garment industry are adverse.
Conclusion
After careful review of the facts generated during the remand
investigation, I determine that increased imports of articles like
or directly competitive with those produced at the subject firm
contributed importantly to the total or partial separation of
workers at the subject facility. In accordance with the provisions
of the Act, I make the following certification:







"All workers of Levi Strauss and Company, Knoxville,
Tennessee, who became totally or partially separated from
employment on or after April 15, 2003, through two years from
the issuance of this revised determination, are eligible to
apply for Trade Adjustment Assistance under section 223 of the
Trade Act of 1974, and are also eligible to apply for
Alternative Trade Adjustment Assistance under Section 246 of
the Trade Act of 1974."
Signed at Washington, D.C. this 21st day of March 2005.
/s/ Elliott S. Kushner
_______
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,175

LEVI STRAUSS AND COMPANY
KNOXVILLE AREA OFFICE
KNOXVILLE, TENNESSEE

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade 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 in response to a petition
received on June 30, 2004 and filed on behalf of workers at Levi
Strauss and Company, Knoxville Area Office, Knoxville, Tennessee.
The workers process sales orders.
The investigation revealed that Levi Strauss and Company,
Knoxville Area Office, Knoxville, Tennessee 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 petitioning workers of Levi
Strauss and Company 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.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Levi
Strauss and Company, Knoxville Area Office, Knoxville, Tennessee
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C., this 27th day of July 2004.

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