Petitioner Type: Company
Impact Date: 08/16/2004
Filed Date: 08/25/2005
Most Recent Update: 09/15/2005
Determination Date: 09/15/2005
Expiration Date: 01/18/2008
Employment and Training Administration
TA-W-57,838
TEXSTYLE, INC.
MANCHESTER, KENTUCKY
Notice of Revised Determination
on Reconsideration
On December 22, 2005, the Department of Labor issued a
Notice of Affirmative Determination Regarding Application for
Reconsideration applicable to the subject firm. The Notice will
soon be published in the Federal Register.
During the initial investigation, the Department found that
workers did not produce an article or support an affiliated
domestic production facility during the relevant period.
During the reconsideration investigation, it was found that
production of home furnishings occurred at the subject facility
during the relevant period. The investigation also revealed that
the subject facility closed in December 2005 and that subject
company imports increased following the production shift abroad.
The August 16, 2005 petition, filed by the subject company,
did not request Alternative Trade Adjustment Assistance (ATAA).
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that a shift of production to China
followed by increased imports of home furnishings 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 TexStyle, Inc., Manchester, Kentucky, who
became totally or partially separated from employment on or
after August 16, 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.”
Signed in Washington, D.C. this 18th day of January 2006
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,838
TEXSTYLE, INC.
MANCHESTER, KENTUCKY
Negative Determination Regarding Eligibility
To Apply For Worker 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 25, 2005 in response to a petition filed by a
company official on behalf of workers of Texstyle, Inc.,
Manchester, Kentucky. The workers are engaged in the shutdown of
the facility.
Workers at the subject firm were certified eligible to apply
for adjustment assistance on April 21, 2003 (TA-W-51,404). That
certification expired on April 21, 2005.
This investigation revealed that the subject firm 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 Texstyle, Inc. workers at the
Manchester facility 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. The subject facility did
produce home furnishings such as curtains and pillows until March
2003. The cessation of production, however, occurred more than a
year prior to the August 16, 2005 date of the current petition.
No production has occurred within the relevant one year period.
Conclusion
After careful review, I determine that all workers of
Texstyle, Inc., Manchester, Kentucky are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D.C., this 15th day of September, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance