Certified
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TAW-59436  /  Jacquard, LLC (Cliffside, NC)

Petitioner Type: Company
Impact Date: 05/22/2006
Filed Date: 05/22/2006
Most Recent Update: 06/13/2006
Determination Date: 06/13/2006
Expiration Date: 08/29/2008

U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,436

JACQUARD, LLC
BURLINGTON HOUSE DIVISION
CLIFFSIDE, NORTH CAROLINA

Notice of Affirmative Determination
Regarding Application for Reconsideration

By letter dated June 26, 2006, a petitioner requested
administrative reconsideration of the Department of Labor's Notice
of Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to workers of the subject firm.
The denial notice was signed on June 13, 2006, and is pending
publication in the Federal Register.
The initial investigation resulted in a negative determination
based on the finding that the subject firm did not separate or
threaten to separate a significant number or proportion of workers
as required by Section 222 of the Trade Act of 1974. Significant
number or proportion of the workers in a firm or appropriate
subdivision thereof, means that at least three workers with a
workforce of fewer than 50 workers or five percent of the workers
with a workforce of 50 or more.
The Department reviewed the request for reconsideration and
has determined that the petitioner has provided additional
information. Therefore, the Department will conduct further
investigation to determine if the workers meet the eligibility
requirements of the Trade Act of 1974.

Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 20th of July 2006.

/s/Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,436

JACQUARD, LLC
BURLINGTON HOUSE
CLIFFSIDE, NORTH CAROLINA

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 May 22, 2006 in response to
a petition filed by a company official on behalf of workers of
Jacquard, LLC, Burlington House, Cliffside, North Carolina. The
workers manufacture woven jacquard fabric for home furnishings.
The investigation revealed that criteria (a)(2)(A)(I.A.) and
(a)(2)(B)(II.A.) have not been met.
All workers of W L Jacquard LLC, Jacquard Division, Cliffside,
North Carolina, were certified eligible to apply for trade
adjustment assistance under petition TA-W-54,813, which expired on
May 21, 2006.
The investigation revealed that since the above certification
expired, the subject firm did not separate or threaten to separate
a significant number or proportion of 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 assis-
tance (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 the
investigation, I determine that all workers of Jacquard, LLC,
Burlington House, Cliffside, 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 13th day of June 2006



/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance