Petitioner Type: Workers
Impact Date:
Filed Date: 12/22/2004
Most Recent Update: 02/10/2005
Determination Date: 02/10/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,241
KLEEN-TEX INDUSTRIES, INC.
PLANT #5
LAGRANGE, GEORGIA
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 December 22, 2004, in
response to a petition filed on behalf of workers of Kleen-Tex
Industries, Inc., Plant #5, LaGrange, Georgia. The workers produced
mops.
The investigation revealed that criteria I.C and II.B are not
met.
Petitioners allege in the petition that job losses were due to
the shift in production of shop towels from the subject plant to
Eqypt. Evidence developed in the course of the investigation
revealed that shop towel production ceased in April 2003, more than
one year prior to the date of petition. Therefore shop towel
production at the subject plant occurred outside of the relevant
period.
The company did not shift production from the subject facility
to a foreign facility nor did it import mops in the relevant
period.
The Department conducted a survey of a major customer of the
subject firm regarding purchases of mops in 2002, 2003 and January
through August 2003 and January through August 2004. The survey
revealed that the respondent did not import in the relevant period.
According to a company official, production of mops was
outsourced to another U.S. company.
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 Kleen-
Tex Industries, Inc., Plant #5, LaGrange, Georgia 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 10th day of February 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance