Denied
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TAW-59422  /  Unifi, Inc. (Reidsville, NC)

Petitioner Type: Company
Impact Date:
Filed Date: 05/18/2006
Most Recent Update: 06/30/2006
Determination Date: 06/30/2006
Expiration Date:


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,422

UNIFI, INC.
PLANT #4
REIDSVILLE, NORTH CAROLINA

Negative Determinations 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 May 18, 2006 in response to
a petition filed by a company official on behalf of workers at
Unifi, Inc., Plant #4, Reidsville, North Carolina. The workers
produce dyed yarns.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
The investigation revealed that there were no company imports
of dyed yarns, nor was there a shift in production of dyed yarns
from Unifi, Inc., Plant #4, Reidsville, North Carolina to a foreign
country during the period under investigation.
The investigation further revealed that sales and production
of dyed yarns at the subject firm did not decline in the relevant
period.
The Department conducted a survey of major declining cus-
tomers of the subject firm regarding their purchases of dyed-poly,
nylon, and spun yarns in 2004, 2005 and the January through April
2006. The survey revealed that none of the respondents imported
dyed yarns in the relevant period.
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, I determine that all workers of Unifi,
Inc., Plant #4, Reidsville, North Carolina 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.
Signed in Washington, D.C. this 30th day of June, 2006


/s/Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance