Denied
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TAW-58005A  /  Fairfield Textile Corp. (Paterson, NJ)

Petitioner Type: State
Impact Date:
Filed Date: 09/22/2005
Most Recent Update: 11/02/2005
Determination Date: 11/02/2005
Expiration Date:

Other Worker Groups on This Petition

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,005

FAIRFIELD TEXTILES CORPORATION
FAIRFIELD, NEW JERSEY

TA-W-58,005A

FAIRFIELD TEXTILES CORPORATION
PATERSON, NEW JERSEY

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 September 22, 2005, in
response to a petition filed by a State agency representative on
behalf of workers of Fairfield Textiles Corporation, Fairfield,
New Jersey and Fairfield Textiles Corporation, Paterson, New
Jersey. The workers provide commission knitting dyeing and
finishing of single knit and double knit fabric for women's
outwear.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that Fairfield Textiles
Corporation, Fairfield, New Jersey, ceased production in October
of 2003 and workers were transferred to the Paterson, New Jersey
location of the firm.
Section 223(b)(1) of the Trade Act of 1974, as amended,
provides that a TAA certification may not apply to any worker
whose separation from employment occurred more than one year
prior to the date the petition was filed. Therefore, workers of
Fairfield Textiles Corporation, Fairfield, New Jersey, cannot be
certified eligible to apply for trade adjustment assistance.
The investigation revealed that commission knitting, dying
and finishing by Fairfield Textiles Corporation, Paterson, New
Jersey, ceased in October 2005.
Fairfield Textiles Corporation did not import any products
like or directly competitive with articles produced at the
Paterson, New Jersey plant, nor did it shift production from
Paterson, New Jersey to a foreign country.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of commission knitting
dyeing and finishing of single knit and double knit fabric in
2003, 2004 and January through August 2005. This survey
revealed the customers did not import dyed and finished single
knit or double knit fabric during the relevant period.
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 facts obtained in the
investigation, I determine that all workers of Fairfield
Textiles Corporation, Fairfield, New Jersey, and Fairfield
Textiles Corporation, Paterson, New Jersey, 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 2nd day of November, 2005


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance