Petitioner Type: Company
Impact Date: 05/19/2004
Filed Date: 05/24/2005
Most Recent Update: 06/29/2005
Determination Date: 06/29/2005
Expiration Date: 06/29/2007
Employment and Training Administration
TA-W-57,242
K & C CUSTOM DESIGN, INC.
GREENVILLE, SOUTH CAROLINA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), 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 May 24, 2005 in response to a
petition filed by a company official on behalf of workers of K & C
Custom Design, Inc., Greenville, South Carolina. The workers at the
subject firms are engaged in the production of bedding, sheet sets
and comforters. The workers are not separately identifiable by
product line.
The investigation revealed that production and employment
declined at the subject firm during January through April 2005 over
the corresponding 2004.
The investigation also revealed that the company imports of
bedding, sheet sets and comforters increased during the relevant
period.
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.
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 criteria (1) have not
been met.
The investigation revealed a significant number of workers in
the workers' firm are not 50 years of age or older.
Significant number or proportion of the workers in a firm or
appropriate subdivision means at least three workers in a workforce
of fewer than 50 workers, five percent of the workers in a
workforce of over 50 workers.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with bedding, sheet sets and
comforters produced by K & C Custom Design, Inc., Greenville, South
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 K & C Custom Design, Inc., Greenville, South
Carolina, who became totally or partially separated from
employment on or after May 19, 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."
I further determine that all workers of K & C Custom Design,
Inc., Greenville, South Carolina is denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 29th day of June 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance