Petitioner Type: Company
Impact Date: 04/12/2005
Filed Date: 04/07/2005
Most Recent Update: 05/17/2005
Determination Date: 05/17/2005
Expiration Date: 05/17/2007
Employment and Training Administration
TA-W-56,924
LUSTAR DYEING AND FINISHING, INC.
ASHEVILLE, NORTH CAROLINA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
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 April 7, 2005, in response
to a petition filed by a company official on behalf of workers of
Lustar Dyeing and Finishing, Inc., Asheville, North Carolina. The
workers produce finished knit fabric for the garment industry.
The investigation revealed that sales, production and
employment declined at the subject plant.
The Department of Labor surveyed the company's major declining
customer regarding their purchases of finished knit fabric for the
garment industry in 2003, 2004 and January through March 2005 over
the corresponding 2004 period. The survey revealed that the
customer increased their import purchases of finished knit fabric
while reducing their purchases from the subject firm during the
relevant period.
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 conclude that increases of imports of finished
knit fabric produced by Lustar Dyeing and Finishing, Inc.,
Asheville, 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 Lustar Dyeing and Finishing, Inc., Asheville,
North Carolina, who became totally or partially separated from
employment on or after April 12, 2005 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
also eligible to apply for alternative trade adjustment assis-
tance under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C., this 17th day of May, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance