Petitioner Type: Company
Impact Date: 03/21/2004
Filed Date: 04/01/2005
Most Recent Update: 05/05/2005
Determination Date: 05/05/2005
Expiration Date: 06/17/2007
Employment and Training Administration
TA-W-56,869
NATIONAL TEXTILES
TEXTILES DIVISION
HODGES, SOUTH CAROLINA
Notice of Revised Determination
on Reconsideration
By application of May 26, 2005, a company official requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on May 5, 2005, based on the finding that
imports of fleece and jersey fabric did not contribute
importantly to worker separations at the subject plant and that
there was no shift to a foreign country. The denial notice will
soon be published in the Federal Register.
To support the request for reconsideration, the company
official supplied additional information to supplement that which
was gathered during the initial investigation. Upon further
review, it was revealed that the company shifted production of
fleece and jersey fabric to El Salvador during the relevant
period and that this shift contributed importantly to layoffs at
the subject firm.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers’ firm or subdivision to El Salvador of articles
that are like or directly competitive with those produced by the
subject firm or subdivision. In accordance with the provisions of
the Act, I make the following certification:
"All workers of National Textiles, Textiles Division, Hodges,
South Carolina who became totally or partially separated from
employment on or after March 21, 2004 through two years from
the date of certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 17th 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-56,869
NATIONAL TEXTILES
TEXTILES DIVISION
HODGES, SOUTH CAROLINA
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 April 1, 2005, in response
to a petition filed by a company official on behalf of workers of
National Textiles, LLC, Textiles Division, Hodges, South Carolina.
The workers are engaged in the production of fleece and jersey
fabric.
The investigation revealed that criteria (a)(2)(A)(I.C.) and
(a)(II)(B)(II.C.) have not been met.
The investigation revealed that employment and production at
National Textiles in Hodges, South Carolina, declined from 2003 to
2004.
The Department of Labor surveyed the subject firm’s major
declining customer regarding its purchases of fleece and jersey
fabric in 2003, 2004 and during January through March 2005. This
customer reported declining foreign purchases during the period of
the survey.
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 National
Textiles, LLC, Textiles Division, Hodges, South Carolina, 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 5th day of May, 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance