Petitioner Type: Company
Impact Date:
Filed Date: 08/19/2005
Most Recent Update: 09/28/2005
Determination Date: 09/28/2005
Expiration Date:
Employment and Training Administration
TA-W-57,804
KELLWOOD COMPANY
INTIMATE APPAREL GROUP
SUMMIT, MISSISSIPPI
TA-W-57,804A
KELLWOOD COMPANY
INTIMATE APPAREL GROUP
FERNWOOD DISTRIBUTION CENTER
MCCOMB, MISSISSIPPI
TA-W-57,804B
KELLWOOD COMPANY
INTIMATE APPAREL GROUP
SUMMIT DISTRIBUTION CENTER
SUMMIT, MISSISSIPPI
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 August 19, 2005 in
response to a petition filed on behalf of workers of Kellwood
Company, Intimate Apparel Group, Summit, Mississippi (TA-W-
57,804) Kellwood Company, Intimate Apparel Group, Fernwood
Distribution Center, Fernwood, Mississippi (TA-W-57,804A), and
Kellwood Company, Intimate Apparel Group, Summit Distribution
Center, Summit, Mississippi (TA-W-57,804B). The workers provide
support and services in the area of swimwear samples/cut parts
and distribution.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The worker separations are attributable to the firm's
decision to exit the intimate apparel business.
Workers of the Intimate Apparel Group, cuts part and
produces samples of swimsuits. Therefore, the swimsuits are not
mass produced. No mass production occurs. The Summit,
Mississippi location of the Kellwood Company produces swimsuit
samples
T, there are no future plan to shift production or increase
imports.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Kellwood Company,
intimate apparel group, McComb, Mississippi,(TA-W 57,804)
Kellwood Company, intimate apparel group-Fernwood, distribution
center, McComb, Mississippi(TA-W 57,804A) and Kellwood Company,
intimate apparel group-Summit, distribution center, McComb,
Mississippi(TA-W 57,804B) 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 of the Trade Act of
1974.
Signed in Washington, D.C., this 28th day of September 2005.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,804A
KELLWOOD COMPANY
INTIMATE APPAREL GROUP
FERNWOOD DISTRIBUTION CENTER
FERNWOOD, MISSISSIPPI
TA-W-57,804B
KELLWOOD COMPANY
INTIMATE APPAREL GROUP
SUMMIT DISTRIBUTION CENTER
SUMMIT, MISSISSIPPI
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 investigation was initiated on August 19, 2005, in
response to a petition filed on behalf of workers of Kellwood
Company, Intimate Apparel Group, Fernwood Distribution Center,
Fernwood, Mississippi (TA-W-57,804A), and Kellwood Company,
Intimate Apparel Group, Summit Distribution Center, Summit,
Mississippi (TA-W-57,804B). The workers are engaged in
distribution activities and provide clerical support.
The investigation revealed that Kellwood Company, Intimate
Apparel Group, Fernwood Distribution Center, Fernwood,
Mississippi (TA-W-57,804A), and the Kellwood Company, Intimate
Apparel Group, Summit Distribution Center, Summit, Mississippi
(TA-W-57,804B) does not produce an article within the meaning of
Section 222(a)(2) of the Act. In order to be considered
eligible to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, the worker group seeking certification
(or on whose behalf certification is being sought) must work for
a "firm" or appropriate subdivision that produces an article and
there must be a relationship between the workers' work and the
article produced by the workers' firm or appropriate
subdivision. The distribution and support workers described
above do not support a firm or appropriate subdivision that
produces an article domestically and thus the worker group can
not be considered import impacted or affected by a shift in
production of an article.
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 Kellwood Company,
Intimate Apparel Group, Fernwood Distribution Center, Fernwood,
Mississippi (TA-W-57,804A), and Kellwood Company, Intimate
Apparel Group, Summit Distribution Center, Summit, Mississippi
(TA-W-57,804B), 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 28th day of September 2005.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance