Petitioner Type: Company
Impact Date: 06/21/2004
Filed Date: 06/22/2005
Most Recent Update: 08/01/2005
Determination Date: 08/01/2005
Expiration Date: 09/27/2007
Employment and Training Administration
TA-W-57,430
SPRINGS INDUSTRIES, INC.
CREATIVE PRODUCTS GROUP
ROCK HILL, SOUTH CAROLINA
Notice of Revised Determination
on Reconsideration
By letter dated August 31, 2005, a company official
requested administrative reconsideration of the Department’s
negative determination for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA) for workers of the
subject facility. Workers produce finished fabrics packaged for
home sewing craft stores and are not separately identifiable by
product line. The petition is dated June 21, 2005.
The negative determination was based on the finding of no
separations, actual or threatened, during the relevant period.
The denial was issued on August 1, 2005 and published in the
Federal Register on August 26, 2005 (70 FR 50411).
The investigation revealed that the subject facility’s
employment levels during January through May 2005 increased from
January through May 2004 levels, that the subject company’s
overall sales and production levels increased during January
through May 2005 from January through May 2004 levels, and that
the subject company’s imports of finished fabrics packaged for
home sewing craft stores increased during January through May
2005 from January through May 2004 levels.
During the reconsideration investigation, the company
official provided corrected information to reflect decreased
employment and production levels during the relevant period and
increased import levels of finished fabrics packaged for home
sewing craft stores during the relevant time period.
The initial investigation also revealed that all criteria
for alternative trade adjustment assistance have been met. A
significant number or proportion of the worker group are age
fifty years or over and workers possess skills that are not
easily transferable. Competitive conditions within the industry
are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of finished
fabrics packaged for home sewing craft stores contributed
importantly to worker separations at the subject firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Spring Industries, Inc., Creative Products
Group, Rock Hill, South Carolina, who became totally or
partially separated from employment on or after June 21,
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 are also eligible
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974.”
Signed in Washington, D.C. this 27th day of September 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,430
SPRINGS INDUSTRIES, INC.
CREATIVE PRODUCTS GROUP
ROCK HILL, SOUTH CAROLINA
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 in response to a petition
received on June 21, 2005 and filed by a company official on behalf
of workers at Springs Industries, Inc., Creative Products Group,
Rock Hill, South Carolina. The workers produce finished fabrics
packaged for home sewing craft stores.
The investigation revealed that criteria (I.A) and (II.A) have
not been met.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or proportion
of workers as required by Section 222 of the Trade Act of 1974.
Significant number or proportion of the workers in a firm or
appropriate subdivision thereof, means at least three workers with
a workforce of fewer than 50 workers, five percent of the workers
with a workforce over 50 workers, or fifty workers.
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 Springs
Industries, Inc., Creative Products Group, Rock Hill, South
Carolina 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 1st day of August 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance