Petitioner Type: Unknown
Impact Date:
Filed Date: 07/13/2004
Most Recent Update: 07/22/2004
Determination Date: 07/22/2004
Expiration Date:
Employment and Training Administration
TA-W-55,236
VF PLAYWEAR, INC. DISTRIBUTION CENTER
TRENTON, SOUTH CAROLINA
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 on July 13, 2004 in response
to a petition filed by a company official on behalf of workers of
VF Playwear, Inc. Distribution Center, Trenton, South Carolina.
The workers performed distribution of finished children's apparel.
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 domestically and there must be a
relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The
investigation revealed that although production of an article(s)
occurred within the firm or appropriate subdivision, the
distribution center at Trenton, South Carolina does not support
any domestic production. Thus the worker group can not be
considered import impacted or affected by a shift in production
of an article.
Petitioners allege that job losses were due to their firm
losing business as a supplier or downstream finisher to a firm
that shifted production or was affected by increased imports.
The investigation revealed, however, that was not the case.
Workers at the subject facility neither produce an article nor
are in support of the domestic production of an article; hence
they cannot qualify as secondarily affected.
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 VF
Playwear, Inc. Distribution Center, Trenton, South Carolina 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 22nd day of July 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance