DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,024

BLACKHAWK INDUSTRIES PRODUCTS GROUP
HAYESVILLE, NORTH CAROLINA

Notice of Revised Determination
on Reconsideration

By letter dated November 14, 2005 a petitioner 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 October 21, 2005 was based on the finding
that there were no company or customer imports of law enforcement
tactical gears and no shift of production to a foreign source
occurred. The denial notice was published in the Federal
Register on November 9, 2005 (70 FR 68099).
To support the request for reconsideration, the petitioner
supplied additional information regarding production at the
subject facility and company imports of like or directly
competitive products with those produced at the subject firm.
Upon further contact with the subject firm’s company official, it
was revealed that the subject firm decreased production of law
enforcement tactical gears while increasing its reliance on
imports of law enforcement tactical gears 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 Blackhawk
Industries Products Group, Hayesville, North Carolina,
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 Blackhawk Industries Products Group,
Hayesville, North Carolina who became totally or partially
separated from employment on or after September 23, 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 21st day of December 2005.

/s/ Elliott S. Kushner

________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,024

BLACKHAWK INDUSTRIES PRODUCTS GROUP
HAYESVILLE, NORTH CAROLINA

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 September 26, 2005 in
response to a petition filed on behalf of workers of Blackhawk
Industries Products Group, Hayesville, North Carolina. The workers
produce law enforcement tactical gear sold to thousands of
customers.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
Sales, employment and production at the subject firm increased
in 2004 compared with 2003, and also increased in January through
May, 2005 compared with the same period one year earlier. Worker
separations are attributable to a shift of production to another
affiliated domestic facility.
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 Blackhawk Industries
Products Group, Hayesville, North Carolina 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 21st day of October 2005.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance