Petitioner Type: Workers
Impact Date:
Filed Date: 02/04/2005
Most Recent Update: 03/14/2005
Determination Date: 03/14/2005
Expiration Date:
Employment and Training Administration
TA-W-56,508
CANNON COUNTY KNITTING MILLS
SMITHVILLE, TENNESSEE
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 February 4, 2005 in
response to a petition filed on behalf of workers of Cannon County
Knitting Mills, Smithville, Tennessee. The workers created marker
and pattern design files transmitted over the internet to apparel
producers abroad.
The investigation revealed that workers at the subject
facility do 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 domestically and
there must be a relationship between the workers' work and the
article produced by the workers' firm or appropriate
subdivision. The workers described above 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.
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 Cannon
County Knitting Mills, Smithville, Tennessee 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 14th day of March 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance