Petitioner Type: State
Impact Date: 12/07/2007
Filed Date: 12/19/2005
Most Recent Update: 01/13/2006
Determination Date: 01/13/2006
Expiration Date: 01/13/2008
Employment and Training Administration
TA-W-58,513
APRICOT, INC.
HERTFORD, NORTH CAROLINA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), 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 December 19, 2005 in
response to a petition filed by a state workforce agent on behalf
of Apricot, Inc., Hertford, North Carolina. The workers produce
chefwear and sportswear apparel. Workers are not separately
identifiable by product line.
The investigation revealed that the subject firm ceased
production operations in December of 2005.
The United States Department of Labor surveyed the subject
firm's major customers regarding their purchases of apparel in 2004
and 2005. The survey revealed increased purchases from abroad.
United States aggregate imports of men's and boys' tops was
very high relative to domestic shipments, over 450 percent, in
2004, and increased absolutely and relative to U.S. shipments in
the one year period ending June 2005 compared with the same period
one year earlier.
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 facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive produced by Apricot, Inc., Hertford,
North Carolina, contributed importantly to the total or partial
separation of workers and to the decline in sales or production and
at that firm or subdivision. In accordance with the provisions of
the Act, I make the following certification:
"All workers of Apricot, Inc., Hertford, North Carolina, who
became totally or partially separated from employment on or
after December 7, 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, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C., this 13th day of January, 2006
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance