DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,072

SUEZ ENERGY GERNERATION NORTH AMERICA
TRIGEN BIOPOWER GREENWOOD DIVISION
WORKING ON-SITE AT NATIONAL TEXTILES, TEXTILES DIVISION
HODGES, 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 (19
USC 2273), as amended, the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance as an
adversely affected secondary group.
An investigation was conducted in order to determine
whether the petitioning group of workers qualify as adversely
affected secondary workers as suppliers of component parts to a
firm or subdivision primarily affected by increased imports or a
shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section
222(b) must be met:



(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a
certification of eligibility to apply for trade
adjustment assistance benefits and such supply or
production is related to the article that was the
basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers'
firm; or

(B) a loss of business by the workers' firm with the
firm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.

The investigation was initiated on April 29, 2005, in
response to a petition filed on behalf of workers of Suez Energy
Generation North America, Trigen BioPower Greenwood Division,
working on-site at National Textiles, Textiles Division, Hodges,
South Carolina. The workers were engaged in activities related
to the processing of steam at an unaffiliated facility that
knitted textiles.
The investigation revealed that criteria (2) has not been
met.
Petitioners allege that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that was not the case.
The investigation revealed that workers of Suez Energy
Generation North America, Trigen BioPower Greenwood Division,
Hodges, South Carolina, were contracted to National Textiles,
Textiles Division, Hodges, South Carolina, to provide steam for
the manufacturing process of knitted textiles. Workers of
National Textiles, Textiles Division, Hodges, South Carolina,
were recently denied eligible to apply for Trade Adjustment
Assistance (TA-W-56,869) on May 5, 2005.
Also, the workers of Suez Energy Generation North America,
Trigen BioPower Greenwood Division, working on-site at National
Textiles, Textiles Division, Hodges, South Carolina do not
qualify as a supplier of component parts since they do not
produce component parts. The workers were engaged in providing
steam for the production of textile fabric; therefore, they do
not meet the criterion as a supplier. The term "supplier" means
a firm that produces and supplies directly to another firm (or
subdivision) component parts for articles that were the basis
for a certification of eligibility of a group of workers
employed by such other firm.
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 covered
by this petition of Suez Energy Generation North America, Trigen
BioPower Greenwood Division, working on-site at National
Textiles, Textiles Division, Hodges, South Carolina do not
qualify as adversely affected secondary workers and are denied
eligibility to apply for adjustment assistance under section
223(b) 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 at Washington, D.C., this 8th day of June 2005.

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