DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,567

KELLWOOD COMPANY
KELLWOOD MIDWEST REGIONAL OPERATIONS
PRODUCT DEVELOPMENT DIVISION
RUTHERFORD, TENNESSEE

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 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 February 14, 2005,
in response to a petition filed by a company official on
behalf of workers of Kellwood Company, Kellwood Midwest
Regional Operations, Product Development Division,
Rutherford, Tennessee. The workers produce apparel samples
and patterns.
The investigation revealed that criteria I.C and II.B
were not met.
The subject firm did not shift production of apparel
samples and patterns to a free trade or beneficiary country
nor any other country with the exception of China and also
has not imported apparel samples and patterns during the
relevant period.
Although the company is in the process of shifting
production of apparel samples and patterns to China, the
samples and patterns will not be imported back to the United
States, only finished apparel which is not like or directly
competitive with the patterns and samples produced at the
subject facility.
A customer survey was not conducted in this case since
the samples and patterns are not sold on the open market,
but are produced solely for company use.
Conclusion
After careful review, I determine that all workers of
Kellwood Company, Kellwood Midwest Regional Operations,
Product Development Division, Rutherford, Tennessee, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 21st day of March, 2005.

/s/ Elliott S. Kushner

____________________________
ELLIOTT S. KUSHNER
Certifying Officer,
Division of Trade Adjustment
Assistance