Petitioner Type: State
Impact Date: 07/18/2004
Filed Date: 07/19/2005
Most Recent Update: 08/18/2005
Determination Date: 08/18/2005
Expiration Date: 09/30/2007
Employment and Training Administration
TA-W-57,575
MILFORD STITCHING COMPANY, INC.
A DIVISION OF GLK, INC.
MILFORD, DELAWARE
Notice of Revised Determination
on Reconsideration
By letter dated September 13, 2005 a company official
requested administrative reconsideration regarding the
Department’s Negative Determination Regarding Eligibility to
Apply for Worker Adjustment Assistance, applicable to the workers
of the subject firm.
The initial investigation resulted in a negative
determination signed on August 18, 2005 was based on the finding
that imports of tablecloths, napkins, bedspreads and fabric
shower curtains did not contribute importantly to worker
separations at the subject plant and no shift of production to a
foreign source occurred. The denial notice was published in the
Federal Register on September 8, 2005 (70 FR 53389).
To support the request for reconsideration, the company
official supplied additional information. Upon further review
and contact with the subject firm’s major declining customer, it
was revealed that the customer increased its reliance on imported
fabric shower curtains during the relevant period. The imports
accounted for a meaningful portion of the subject plant’s lost
sales and production. The investigation further revealed that
production and employment at the subject firm declined during the
relevant time period.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and 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 articles
like or directly competitive with those produced at Milford
Stitching Company, Inc., a division of GLK, Inc., Milford,
Delaware, contributed importantly to the declines in sales or
production and to the total or partial separation of workers at
the subject firm. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Milford Stitching Company, Inc., a division
of GLK, Inc., Milford, Delaware who became totally or
partially separated from employment on or after July 18,
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 eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 30th 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-57,575
MILFORD STITCHING COMPANY, INC.
A DIVISION OF GLK, INC.
MILFORD, DELAWARE
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 July 19, 2005 in response
to a petition filed by a state agency representative on behalf of
workers of Milford Stitching Company, Inc., a division of GLK,
Inc., Milford, Delaware is the subject of this investigation. The
subject firm is a cut-and-sew operation that produces tablecloths,
napkins, bedspreads and fabric shower curtains. The workers are
not separately identifiable by product.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import tablecloths, napkins,
bedspreads and fabric shower curtains during 2003, 2004 of January
through June of 2005, nor did the subject firm shift production of
said articles to a foreign country.
The Department of Labor surveyed the subject firm’s primary
customers regarding their purchases of tablecloths, napkins,
bedspreads and fabric shower curtains during the period under
investigation. The survey revealed declining customer imports.
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 of the facts obtained in the
investigation, I determine that all workers of Milford Stitching
Company, Inc., a division of GLK, Inc., Milford, Delaware 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 18th day of August 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance