DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,940

LIBERTY THROWING CO., INC.
KINGSTON, PENNSYLVANIA

Notice of Revised Determination
on Reconsideration

By application of October 24, 2006 a company official
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA).
The initial investigation resulted in a negative
determination signed on September 26, 2006 was based on the
finding that imports of elastic yarn did not contribute
importantly to worker separations at the subject plant and no
shift of production to a foreign source occurred. The denial
notice was published in the Federal Register on October 16, 2006
(71 FR 60763).
In the request for reconsideration, the petitioner provided
additional information regarding the subject firm’s customers and
requested an investigation relating to secondary impact
concerning the subject firm as an upstream supplier in the
production of fabric. A review of the new facts determined that
the workers of the subject firm may be eligible for TAA on the
basis of a secondary upstream supplier impact.
The Department conducted an investigation of subject firm
workers on the basis of secondary impact. It was revealed that
Liberty Throwing Co., Inc., Kingston, Pennsylvania supplied
elastic yarn that was used in the production of stretch fabric,
and a loss of business with domestic manufacturers (whose workers
were certified eligible to apply for adjustment assistance)
contributed importantly to the workers separation or threat of
separation.
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 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 firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Liberty Throwing
Co., Inc., Kingston, Pennsylvania qualify as adversely affected
secondary workers under Section 222 of the Trade Act of 1974, as
amended. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Liberty Throwing Co, Inc., Kingston,
Pennsylvania, who became totally or partially separated from
employment on or after August 22, 2005, through two years from
the date of this certification, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, and are eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed at Washington, D.C., this 30th day of November, 2006
/s/ Elliott S. Kushner
_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


4510-30-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,940

LIBERTY THROWING CO., INC.
KINGSTON, PENNSYLVANIA

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
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 August 22, 2006 in response
to a petition filed on behalf of workers at Liberty Throwing Co.,
Inc., Kingston, Pennsylvania. The workers of the subject firm
produce elastic yarn.
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
increase its imports of elastic yarn from 2004 to 2005, nor during
the period of January through July 2006 compared to the same period
in 2005.
Furthermore, the investigation revealed that the subject firm
did not shift production of its elastic yarn abroad during the
relevant period.
The Department of Labor surveyed the subject firm’s major
declining customer during 2004, 2005, and the period of January
through July 2006 compared to the same period in 2005 regarding its
purchases of elastic yarn. The survey revealed no imports of
elastic yarn during 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 workers of Liberty
Throwing Co., Inc., Kingston, Pennsylvania, 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 26th day of September, 2006.


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









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