Petitioner Type: Company
Impact Date:
Filed Date: 07/15/2004
Most Recent Update: 08/02/2004
Determination Date: 08/02/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
BUSINESS CONFIDENTIAL
TA-W-55,259
WILLOW CREEK APPAREL INC.
JONESVILLE, NORTH 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 15, 2004 in
response to a petition filed by a company official on behalf of
workers of Willow Creek Apparel Inc., Jonesville, North
Carolina. The workers were engaged in performing office
functions and sales and distribution of women's apparel.
The investigation revealed that Willow Creek Apparel Inc.,
Jonesville, North Carolina, 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 workers of the subject firm 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.
The investigation found that subject facility is a clothing
importer and does not produce any article or articles
domestically.
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 assistance (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, of the facts obtained in this
investigation, I determine that all workers of Willow Creek
Apparel Inc., Jonesville, North Carolina are denied eligibility
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974, as amended.
Signed in Washington, D.C., this 2nd day of August, 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance