DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,253

VISION KNITS, INC.
ALBEMARLE, NORTH CAROLINA

Notice of Negative Determination
Regarding Application for Reconsideration

By application of June 28, 2005, a company official
requested administrative reconsideration of the Department's
negative determination regarding eligibility to apply for Trade
Adjustment Assistance (TAA), applicable to workers and former
workers of the subject firm. The denial notice was signed on
June 16, 2005, and published in the Federal Register on July 14,
2005 (70 FR 40741).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.


The petition for the workers of Vision Knits, Inc.,
Albemarle, North Carolina engaged in production of unfinished
knit fabric was denied because the “contributed importantly”
group eligibility requirement of Section 222 of the Trade Act of
1974, as amended, was not met, nor was there a shift in
production from that firm to a foreign country. The “contributed
importantly” test is generally demonstrated through a survey of
the workers’ firm’s customers. The survey revealed no imports of
unfinished knit fabric during the relevant period. The subject
firm did not import unfinished knit fabric nor did it shift
production to a foreign country during the relevant period.
The petitioner states that even though the subject firm
produces fabric, this fabric is further used in the production of
garments. The petitioner alleges that because final customers
purchase garments from foreign countries, the subject firm lost
its business due to the imports of finished garments.
The petitioner attached two letters from customers to
support the allegations. The letters state that increased
imports of finished garments resulted in customers’ loss of
business.
The petitioner concludes that, because the production of
garments occurs abroad, the subject firm workers producing fabric
are import impacted.
In order to establish import impact, the Department must
consider imports that are like or directly competitive with those
produced at the subject firm. Imports of garments cannot be
considered like or directly competitive with unfinished fabric
produced by Vision Knits, Inc.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed at Washington, D.C., day 28th of July, 2005.

/s/ Linda G. Poole


LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance