Petitioner Type: Company
Impact Date:
Filed Date: 04/19/2005
Most Recent Update: 05/25/2005
Determination Date: 05/25/2005
Expiration Date:
Employment and Training Administration
TA-W-57,013
FIBERZONE TECHNOLOGIES, INC.
A DIVISION OF AQUA DYNAMICS SYSTEMS, INC.
ADAMSVILLE, TENNESSEE
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 19, 2005 in response
to a petition filed by a company official on behalf of workers of
Fiberzone Technologies, Inc., a division of Aqua Dynamics Systems,
Inc., Adamsville, Tennessee. The workers are engaged in shirt
refinishing (rewash) operations for unaffiliated vendors.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The subject facility did not import rewashed shirts during
2004 or January through March of 2005, nor did it shift rewash
operations to a foreign country during the relevant period.
The Department of Labor investigated the sourcing of rewash
operations by the subject firm's primary customers. The Department
determined that customers have not sourced rewash operations to
foreign vendors.
Conclusion
After careful review, I determine that all workers of
Fiberzone Technologies, Inc., a division of Aqua Dynamics Systems,
Inc., Adamsville, Tennessee are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C., this 25th day of May 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance