Petitioner Type: Company
Impact Date:
Filed Date: 07/26/2005
Most Recent Update: 09/01/2005
Determination Date: 09/01/2005
Expiration Date:
Employment and Training Administration
TA-W-57,619
NATIONAL SPINNING COMPANY LLC
A SUBSIDIARY OF NATIONAL SPINNING COMPANY, INC.
WHITEVILLE, NORTH CAROLINA
TA-W-57,619A
NATIONAL SPINNING COMPANY LLC
A SUBSIDIARY OF NATIONAL SPINNING COMPANY, INC.
BEULAVILLE, NORTH CAROLINA
TA-W-57,619B
NATIONAL SPINNING COMPANY LLC
A SUBSIDIARY OF NATIONAL SPINNING COMPANY, INC.
BURLINGTON, NORTH CAROLINA
TA-W-57,619C
NATIONAL SPINNING COMPANY, INC.
CORPORATE OFFICE
WASHINGTON, NORTH CAROLINA
Negative Determination 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 26, 2005 in
response to a petition filed by a company official on behalf of
workers at National Spinning Company LLC, Whiteville, North
Carolina (TA-W-57,619), Beulaville, North Carolina (TA-W-
57,619A), Burlington, North Carolina (TA-W-57,619B), and
Corporate Office, Washington, North Carolina (TA-W-57,619C).
The workers at Whiteville and Beulaville produce acrylic yarns.
The workers at the Burlington facility produce dyed acrylic
yarns. Workers at what is now exclusively the corporate office
manufactured acrylic yarns until the end of 2004. Currently,
the corporate office is engaged in human resources, payroll,
finance, and customer service.
The investigation revealed that with respect to workers at
the Whiteville and Beulaville, North Carolina plants criteria
(a)(2)(A)(I.A) and (a)(2)(B)(II.A) have not been met.
The subject firm did not separate, and does not plan to
separate, a significant number or proportion of workers during
the relevant time frame as required by Section 222 of the Trade
Act of 1974. A significant number or proportion of the workers
in a firm, or appropriate subdivision thereof, means five
percent of the workers in a workforce of over 50 workers.
Separations by the subject firm did not reach this level.
The investigation revealed that, with respect to workers at
the Burlington and Washington, North Carolina plants, criteria
(a)(2)(A)(I.C) and (a)(2)(B)(II.B) have not been met.
Total company imports of acrylic and dyed acrylic yarns
decreased from January through August 2005 compared to January
through August 2004. Neither the Burlington facility nor the
Washington facility shifted production to a foreign country.
The Department of Labor surveyed the major domestic
customers of the subject firm regarding their purchases of
acrylic and dyed acrylic yarns during 2003, 2004, and January
through August 2005. Results of the survey indicated very
minimal imports of acrylic and dyed acrylic yarns, not
approaching a level sufficient to contribute importantly to
separations at the subject firm. Customers did, however,
indicate increases in imports of final products (for example,
knitwear), which are not like or directly competitive with
products manufactured at the subject facilities.
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
National Spinning Company LLC, a subsidiary of National Spinning
Company, Inc., Whiteville, North Carolina (TA-W-57,619),
Beulaville, North Carolina (TA-W-57,619A), Burlington, North
Carolina (TA-W-57,619B), and Washington, North Carolina (TA-W-
57,619C) 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 226, as amended.
Signed in Washington, D.C., this 1st day of September, 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance