Petitioner Type: Company
Impact Date: 10/20/2004
Filed Date: 10/25/2005
Most Recent Update: 11/29/2005
Determination Date: 11/29/2005
Expiration Date: 11/29/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,206
B & J KNITS, INC.
STATESVILLE, NORTH CAROLINA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on October 25, 2005, in
response to a petition filed by a company official on behalf of
workers of B & J Knits, Inc., Statesville, North Carolina. The
workers produce knit fabrics, garment components and piece goods.
The investigation revealed that employment at the subject firm
declined through September 2005 compared with 2004.
The Department of Labor surveyed a major declining customer of
the subject firm regarding its purchases of knit fabrics, garment
components and piece goods in 2003, 2004 and year to date 2005. The
survey revealed increases in imports of this product during the
relevant 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 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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 1 has not been
met.
The investigation revealed that there was not a significant
number of workers in the subject firm that are 50 years of age or
older.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with knit fabrics, garment components
and piece goods produced at B & J Knits, Inc., Statesville, North
Carolina contributed importantly to the total or partial separation
of workers and to the decline in sales or production at that firm
or subdivision. In accordance with the provisions of the Act, I
make the following certification:
"All workers of B & J Knits, Inc., Statesville, North Carolina
who became totally or partially separated from employment on
or after October 20, 2004 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974."
I further determine that all workers of B & J Knits, Inc.,
Statesville, North Carolina are denied eligibility to apply
for alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.
Signed in Washington, D. C., this 29th day of November, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance