Petitioner Type: Workers
Impact Date: 02/20/2005
Filed Date: 03/14/2006
Most Recent Update: 03/27/2006
Determination Date: 03/27/2006
Expiration Date: 03/27/2008
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,029
AMERICAN & EFIRD, INC.
GASTONIA, 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 March 14, 2006, in response
to a petition filed on behalf of workers of American & Efird, Inc.,
Gastonia, North Carolina. The workers produce spun polyester.
The investigation revealed employment and production declined
during 2004, 2005 and January through February 2006.
The subject firm increased company imports of spun polyester
during the relevant period, contributing importantly to separations
at the firm.
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 number 2 has not
been met.
The investigation revealed that the skills of the workers are
easily transferable within the commuting area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with spun polyester produced at
American & Efird, Inc., Gastonia, 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 American & Efird, Inc., Gastonia, North
Carolina who became totally or partially separated from
employment on or after February 20, 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."
I further determine that all workers of American & Efird,
Inc., Gastonia, 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 27th day of March 2006
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance