DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,077

RADICISPANDEX CORPORATION
FALL RIVER, MASSACHUSETTS

Notice of Revised Determination
on Reconsideration

By application of July 15, 2005 a company official requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA). The denial notice was signed on June 9, 2005 and
published in the Federal Register on July 14, 2005 (70 FR 40741).
The TAA petition, filed on behalf of workers at
Radicispandex Corporation, Fall River, Massachusetts engaged in
administrative support related to production of spandex fibers
was denied because the "contributed importantly" group
eligibility requirement of Section 222 of the Trade Act of 1974
was not met.
A review of the initial investigation determined that the
workers of the subject firm may qualify for TAA eligibility on
the basis of a secondary upstream supplier impact.
Having conducted an investigation of subject firm workers on
the basis of secondary impact, it was revealed that workers of
Radicispandex Corporation, Fall River, Massachusetts supported
production of affiliated facilities which supplied spandex fibers
that were used in the production of knit fabric, and a loss of
business with domestic manufacturers (whose workers were
certified eligible to apply for adjustment assistance)
contributed importantly to the workers separation or threat of
separation.
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.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion 3 has not been
met.
The investigation revealed workers in the workers’ firm do
possess skills that are easily transferable skills.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Radicispandex
Corporation, Fall River, Massachusetts qualify as adversely
affected secondary workers under Section 222 of the Trade Act of
1974, as amended. In accordance with the provisions of the Act, I
make the following certification:



"All workers of Radicispandex Corporation, Fall River,
Massachusetts who became totally or partially separated from
employment on or after April 28, 2004 through two years from the
date of this certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974;" and
I further determine that all workers of Radicispandex
Corporation, Fall River, Massachusetts are denied eligibility to
apply for alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.
Signed at Washington, D.C., this 11th day of August, 2005
/s/ Elliott S. Kushner
_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,077

RADICISPANDEX CORPORATION
FALL RIVER, MASSACHUSETTS

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 29, 2005 in response
to a petition filed by a company official on behalf of workers of
RadiciSpandex Corporation, Fall River, Massachusetts. The subject
facility is the corporate headquarters. The workers at the subject
facility provide administrative support such as, sales, marketing,
finance, administration, human resources, information technology,
and planning and logistics related to the production of spandex
fibers.
The investigation revealed that criterion (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the firm produces spandex
fibers domestically and the workers in Fall River, Massachusetts
headquarters are related to that production.
Corporate-wide sales and production of spandex fibers declined
in January through April 2005 when compared to the corresponding
period of the previous year.
The subject firm did not import articles like or directly
competitive with spandex fibers in 2003, 2004 or January through
April 2005.
The investigation revealed that the decline in employment is
related to the firm’s loss of export sales of spandex fibers.
The Department of Labor surveyed the subject firm’s major
declining U.S. customers regarding their purchases of spandex
fibers in 2003, 2004 and January through April 2005. The survey
determined that import purchases of spandex fibers were negligible
during the relevant period.
The firm has not shifted any of its production of spandex
fibers to a foreign country. The firm is relocating the
headquarters from Fall River to another domestic location.
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
RadiciSpandex Corporation, Fall River, Massachusetts, 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 9th day of June 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance