Petitioner Type: Company
Impact Date: 03/01/2005
Filed Date: 03/07/2006
Most Recent Update: 04/13/2006
Determination Date: 04/13/2006
Expiration Date: 04/13/2008
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,976
BERKSHIRE WEAVING CORPORATION
LANCASTER, SOUTH 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), 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 in response to a petition
received on March 7, 2006 and filed by a company official on
behalf of workers at Berkshire Weaving Corporation, Lancaster,
South Carolina. The workers primarily produced upholstery and
print fabric. The workers are not separately identifiable by
product.
The investigation revealed that plant sales, production and
employment declined during the relevant period.
The Department of Labor conducted a survey of the subject
firm's major declining customers regarding their purchases of
upholstery and print fabric during 2005 over the corresponding
2004 period and during January through February 2006 over the
corresponding January through February 2005 period. The survey
revealed an increased customer reliance on imported upholstery
and print fabric 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 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 subject facility are
over age 50 and do not possess skills that are 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 with upholstery and print fabric
produced at Berkshire Weaving Corporation, Lancaster, South
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 Berkshire Weaving Corporation, Lancaster,
South Carolina who became totally or partially separated
from employment on or after March 1, 2005 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 April, 2006.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance