Petitioner Type: Company
Impact Date: 07/13/2003
Filed Date: 07/14/2004
Most Recent Update: 08/02/2004
Determination Date: 08/02/2004
Expiration Date: 08/02/2006
Employment and Training Administration
TA-W-55,249
BRIAR KNITTING, INC.
BERWICK, PENNSYLVANIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on July 14, 2004 in response
to a petition filed by a company official on behalf of workers at
Briar Knitting Inc., Berwick, Pennsylvania. The petitioning
workers produce sweaters.
The investigation revealed that sales, production and
employment at the subject firm decreased during the period under
investigation.
The Department of Labor surveyed a major customer of the
subject firm regarding its purchases of sweaters in 2002, 2003 and
January through June 2004 over the corresponding 2003 period. The
survey revealed the customer of the subject firm increased its
reliance on imported sweaters during the period under
investigation.
United States imports of women's and girls' blouses, shirts
and sweaters; and men's and boy's shirts and sweaters increased in
2003 compared with 2002. The ratio of imports to shipments was
over 300 percent during the period under investigation.
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 assistance (ATAA) for
older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of sweaters
produced at Briar Knitting Inc., Berwick, Pennsylvania contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Briar Knitting Inc., Berwick, Pennsylvania who
became totally or partially separated from employment on or
after July 13, 2003 through two years from the date of
certification are eligible to apply for 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 in Washington, D. C., this 2nd day of August, 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance