Petitioner Type: Company
Impact Date: 10/11/2004
Filed Date: 10/12/2004
Most Recent Update: 11/09/2004
Determination Date: 11/09/2004
Expiration Date: 01/18/2007
Employment and Training Administration
TA-W-55,767
LENOX, INC.
OXFORD, NORTH CAROLINA
Notice of Revised Determination
on Reconsideration
By letter dated December 9, 2004, a company official requested
administrative reconsideration regarding the Department’s Negative
Determination Regarding Eligibility to Apply for Worker Adjustment
Assistance applicable to the workers of the subject firm.
The initial investigation resulted in a negative determination
issued on November 9, 2004, based on the finding that petitioning
workers did not produce an article within the relevant time period.
The denial notice was published in the Federal Register on December
9, 2004 (69 FR 71428).
To support the request for reconsideration, the company
official supplied additional information. Upon further review, it
was revealed that the petitioning workers were members of the
workforce that was certified eligible for TAA benefits, whose
certification expired on October 11, 2004. The investigation
revealed that petitioning workers remained employed at the subject
facility after the stoppage of the production and beyond the date
of the TAA certification for the purpose of completion of the
transfer of the inventory and removal of the remaining equipment
from the subject facility.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles like
or directly competitive with those produced at Lenox, Inc., Oxford,
North Carolina, contributed importantly to the declines in sales or
production and to the total or partial separation of workers at the
subject firm. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Lenox, Inc., Oxford, North Carolina who became
totally or partially separated from employment on or after
October 11, 2004 through two years from the date of this
certification, are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 18th day of January 2005.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,767
LENOX, INC.
OXFORD, NORTH CAROLINA
Negative Determination Regarding Eligibility
To Apply For Worker 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 October 12, 2004, in
response to a petition filed by a company official on behalf of
workers of Lenox, Inc., Oxford, North Carolina. The workers
performed shipping and support services related to the inventory of
articles formerly produced at the plant.
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
production ceased prior to the relevant time period. Thus, the
worker group can not be considered import impacted or affected by a
shift in production of an article.
Conclusion
After careful review, I determine that all workers of Lenox,
Inc., Oxford, North Carolina, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 9th day of November 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance