Petitioner Type: Workers
Impact Date:
Filed Date: 02/23/2006
Most Recent Update: 03/28/2006
Determination Date: 03/28/2006
Expiration Date:
Employment and Training Administration
TA-W-58,902
MARCUS BROTHERS TEXTILES INC.
NEW YORK, NEW YORK
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 February 14, 2006, in
response to a petition filed on behalf of workers at Marcus
Brothers Textiles Inc., New York, New York. The workers design
decorated cotton fabric for quilting and crafts in 15 yard
doubled bolts.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import decorated cotton fabric for quilting and crafts in 15
yard doubled bolts during 2004 or 2005.
Furthermore, the investigation revealed that the subject
firm did not shift production of decorated cotton fabric for
quilting and crafts in 15 yard doubled bolts abroad during the
relevant period.
The Department of Labor surveyed the subject firm's major
declining customers regarding their 2004 and 2005 purchases of
decorated cotton fabric for quilting and crafts in 15 yard
doubled bolts. These surveys revealed negligible imports of
decorated cotton fabric for quilting and crafts in 15 yard
doubled bolts, during the period under investigation.
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 this
investigation, I determine that all workers of Marcus Brothers
Textiles Inc., New York, New York engaged in employment related
to the production of decorated cotton fabric for quilting and
crafts in 15 yard doubled bolts 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, as amended.
Signed in Washington, D.C. this 28th day of March, 2006
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance