Petitioner Type: Workers
Impact Date: 12/13/2003
Filed Date: 12/28/2004
Most Recent Update: 02/24/2005
Determination Date: 02/24/2005
Expiration Date: 02/24/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,258
COLLINS AND AIKMAN PRODUCTS COMPANY
DIVISION 016
ROXBORO, NORTH CAROLINA
(INCLUDING EMPLOYEES WORKING OUT OF TROY, MICHIGAN)
Notice of Revised Determination
Of Alternative Trade Adjustment Assistance
On Reconsideration
On February 24, 2005, workers and former workers of Collins
and Aikman Products Company, Division 016, Roxboro, North
Carolina (subject firm) were certified eligible to apply for
Trade Adjustment Assistance (TAA) but not Alternative Trade
Adjustment Assistance (ATAA). The Notice of determination was
published in the Federal Register on April 1, 2005 (70 FR 16847).
An amendment was issued on June 6, 2006 to include employees
working out of Troy, Michigan. The Notice of amendment was
published in the Federal Register on June 22, 2006 (71 FR 35951).
Based on information produced on the initial investigation
that workers the subject workers possess skills that are easily
transferable, the workers were denied eligibility to apply for
ATAA. Administrative reconsideration was not requested.
After the Notice of amendment was issued, the Department
received new information indicating that the subject workers may
possess skills that are not easily transferable. As such, the
Department reopened the investigation.
Based on information obtain during the reconsideration
investigation, the Department determines that the subject workers
do not possess skills that are easily transferable.
At least five percent of the workforce at the subject from
is at least fifty years of age. Competitive conditions within
the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for the
workers of the subject firm. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Collins and Aikman Products Company,
Division 016, Roxboro, North Carolina, including employees
working out of Troy, Michigan, who became totally or
partially separated from employment on or after December 13,
2003 through February 24, 2007, 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 24th day of July 2006
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,258
COLLINS AND AIKMAN PRODUCTS COMPANY
DIVISION 016
ROXBORO, NORTH CAROLINA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 December 28, 2004, in
response to a petition filed on behalf of workers of Collins and
Aikman Products Company, Division 016, Roxboro, North Carolina.
The workers produced automotive fabrics.
The investigation revealed that sales, production and
employment decreased in 2004 compared to 2003.
The Department conducted a survey of the major customers
regarding their purchases of automotive fabrics in 2003 and 2004.
The survey revealed that respondents, which accounted for a
significant percentage of the subject facility’s decline in sales
in 2004 compared to 2003, increased their purchases of automotive
fabrics from foreign firms while decreasing their purchases of
automotive fabrics from the subject facility in 2004 compared to
2003.
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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been
met.
The investigation revealed that the workers possess skills
that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with automotive fabrics produced at
Collins and Aikman Products Company, Division 016, Roxboro, North
Carolina 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 Collins and Aikman Products Company, Division
016, Roxboro, North Carolina who became totally or partially
separated from employment on or after December 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."
I further determine that all workers of Collins and Aikman
Products Company, Division 016, Roxboro, North Carolina are
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 24th day of February, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-56,258
COLLINS AND AIKMAN PRODUCTS COMPANY
DIVISION 016
ROXBORO, NORTH CAROLINA
(INCLUDING EMPLOYEES WORKING OUT OF TROY, MICHIGAN)
Notice of Revised Determination
Of Alternative Trade Adjustment Assistance
On Reconsideration
On February 24, 2005, workers and former workers of Collins
and Aikman Products Company, Division 016, Roxboro, North
Carolina (subject firm) were certified eligible to apply for
Trade Adjustment Assistance (TAA) but not Alternative Trade
Adjustment Assistance (ATAA). The Notice of determination was
published in the Federal Register on April 1, 2005 (70 FR 16847).
An amendment was issued on June 6, 2006 to include employees
working out of Troy, Michigan. The Notice of amendment was
published in the Federal Register on June 22, 2006 (71 FR 35951).
Based on information produced on the initial investigation
that workers the subject workers possess skills that are easily
transferable, the workers were denied eligibility to apply for
ATAA. Administrative reconsideration was not requested.
After the Notice of amendment was issued, the Department
received new information indicating that the subject workers may
possess skills that are not easily transferable. As such, the
Department reopened the investigation.
Based on information obtain during the reconsideration
investigation, the Department determines that the subject workers
do not possess skills that are easily transferable.
At least five percent of the workforce at the subject from
is at least fifty years of age. Competitive conditions within
the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for the
workers of the subject firm. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Collins and Aikman Products Company,
Division 016, Roxboro, North Carolina, including employees
working out of Troy, Michigan, who became totally or
partially separated from employment on or after December 13,
2003 through February 24, 2007, 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 24th day of July 2006
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,258
COLLINS AND AIKMAN PRODUCTS COMPANY
DIVISION 016
ROXBORO, NORTH CAROLINA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 December 28, 2004, in
response to a petition filed on behalf of workers of Collins and
Aikman Products Company, Division 016, Roxboro, North Carolina.
The workers produced automotive fabrics.
The investigation revealed that sales, production and
employment decreased in 2004 compared to 2003.
The Department conducted a survey of the major customers
regarding their purchases of automotive fabrics in 2003 and 2004.
The survey revealed that respondents, which accounted for a
significant percentage of the subject facility’s decline in sales
in 2004 compared to 2003, increased their purchases of automotive
fabrics from foreign firms while decreasing their purchases of
automotive fabrics from the subject facility in 2004 compared to
2003.
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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been
met.
The investigation revealed that the workers possess skills
that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with automotive fabrics produced at
Collins and Aikman Products Company, Division 016, Roxboro, North
Carolina 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 Collins and Aikman Products Company, Division
016, Roxboro, North Carolina who became totally or partially
separated from employment on or after December 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."
I further determine that all workers of Collins and Aikman
Products Company, Division 016, Roxboro, North Carolina are
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 24th day of February, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance