DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,428

ALANDALE INDUSTRIES
TROY, NORTH CAROLINA

Negative Determinations 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 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 August 11, 2004 in
response to a petition filed on behalf of workers of Alandale
Industries, Troy, North Carolina. The workers produce components
(creels, fans, and blowers) of textile equipment sold primarily
to a variety of relatively small customers.
The investigation revealed that criteria I.C and II.B were
not met.
The subject firm did not shift production of textile
equipment to an offshore location, nor has it increased its
imports in the relevant period.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of textile equipment
(creels, fans, and blowers) during 2002, 2003, and January
through July 2004. The survey revealed that respondents did not
import in the above periods.
Petitioners allege being secondarily affected by loss of
sales of textile machinery components to producers of machinery
who had received a certification of eligibility as trade
affected. The investigation revealed, however, that any such
loss of sales did not contribute importantly to worker
separations.
Petitioners also allege that increased imports of textiles
led to worker separations at Alandale Industries. However,
increased imports of textile articles cannot be used as the
basis for certification of workers manufacturing textile
production equipment. Imports of textile equipment like that
produced by the subject firm must be considered as the basis for
possible certification.
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, they cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that workers of Alandale
Industries, Troy, North 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 16th day of September, 2004

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance