DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,586

LAWSON-HEMPHILL SALES, INC.
SPARTANBURG, SOUTH CAROLINA


Notice of Negative Determination
on Reconsideration

On April 6, 2005, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject facility. The notice
of determination was published on April 25, 2005 in the Federal
Register (70 FR 21250). Workers at the subject facility sell
textile testing instruments.
On January 24, 2005, a company official filed the petition
as a secondarily-affected company (affected by loss of business
as a supplier, assembler, or finisher of products or components
produced for a TAA certified firm). The Department denied Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA) to workers and former workers of Lawson-
Hemphill Sales, Inc., Spartanburg, South Carolina because the
worker separation eligibility requirement of Section 222 of the
Trade Act of 1974, as amended, was not met. The investigation
revealed that the subject facility neither separated nor
threatened to separate a significant number or proportion of
workers at the subject facility during the relevant period
(January - December 2004).
In the request for reconsideration, the petitioner alleged
that the subject facility supported an affiliated production
facility, Lawson-Hemphill, Inc., Central Falls, Rhode Island.
A careful review of previously-submitted documents revealed
that a significant number of the workers at the South Carolina
facility were separated or threatened with separation during the
relevant period and that the primary function of the South
Carolina facility is to sell textile testing instruments produced
at the Rhode Island facility.
Even if the subject worker group supported production at the
Rhode Island facility, they could not be certified for TAA under
this petition because the Rhode Island facility was not affected
by loss of business as a supplier, assembler, or finisher of
products or components produced for the TAA-certified firms
identified in the petition: Globe Manufacturing, Fall River,
Massachusetts (TA-W-38,840); Cavalier Specialty Yarn, Gastonia,
North Carolina (TA-W-53,226); Cone Mills Corporation, Cliffside,
North Carolina (TA-W-53,291A); Pillowtex Corporation, Kannapolis,
North Carolina (TA-W-39,416); Burlington Industries, Greensboro,
North Carolina (TA-W-40,205); and Spartan Mills, Spartanburg,
South Carolina (TA-W-37,126).
Lawson-Hemphill, Inc. cannot be considered a secondarily-
affected company because textile testing instruments is not a
component of textiles and the company neither assembles nor
finishes an article produced by the above-identified companies.
Since the workers are denied eligibility to apply for TAA,
the workers cannot be certified eligible for ATAA.
Conclusion
After careful reconsideration, I affirm the original notice
of negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Lawson-
Hemphill Sales, Inc., Spartanburg, South Carolina.
Signed at Washington, D.C., this 30th day of June 2005.

/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,586

LAWSON-HEMPHILL SALES, INC.
SPARTANBURG, SOUTH CAROLINA

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 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 in response to a petition
initiated on February 16, 2005 and filed by a company official on
behalf of workers at Lawson-Hemphill Sales, Inc., Spartanburg,
South Carolina. The workers are engaged in the distribution of
textile testing instruments; they are not engaged in the production
of an article.
The investigation revealed that criteria I.A and II.A have not
been met.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or proportion
of workers at the subject firm as required by Section 222 of the
Trade Act of 1974. Significant number or proportion of the workers
means that at least three workers in a firm with a workforce of
fewer than 50 workers would have to be affected.
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.
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 Lawson-
Hemphill Sales, Inc., Spartanburg, South Carolina, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, as amended, 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 3rd day of March, 2005.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance