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TAW-60055  /  Swift Textiles (Midland, GA)

Petitioner Type: Company
Impact Date: 09/11/2005
Filed Date: 09/12/2006
Most Recent Update: 10/17/2006
Determination Date: 10/17/2006
Expiration Date: 12/06/2008

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,055

SWIFT TEXTILES, d/b/a/ SWIFT GALEY
MIDLAND, GEORGIA

TA-W-60,055A

INCLUDING AN EMPLOYEE OF SWIFT TEXTILES, d/b/a/ SWIFT GALLEY,
MIDLAND, GEORGIA LOCATED IN GARLAND, TEXAS

Amended Notice of Revised Determination
on Reconsideration

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Notice of
Revised Determination on Reconsideration on December 6, 2006,
applicable to workers of Swift Textiles, d/b/a/ Swift Galey,
Midland, Georgia. The notice was published in the Federal
Register on December 12, 2006 (71 FR 74562-74563).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. New
information shows that a worker separation has occurred involving
an employee of the Midland, Georgia facility of Swift Textiles,
d/b/a/ Swift Galey located in Garland, Texas. Mr. Gamalief Lotez
provided sales support services for the production of denim
fabric that is produced at the Midland, Georgia location of the
subject firm.
Based on these findings, the Department is amending this
certification to include an employee of the Midland, Georgia
facility of Swift Textiles, d/b/a/ Swift Galey, located in
Garland, Texas.
The intent of the Department’s revised determination is to
include all workers of Swift Textiles, d/b/a/ Swift Galey,
Midland, Georgia who were adversely affected as secondary
workers.















The amended notice applicable to TA-W-60,055 is hereby
issued as follows:
"All workers of Swift Textile, d/b/a/ Swift Galey,
Midland, Georgia (TA-W-60,055), including an employee
in support of Swift Textile, d/b/a/ Swift Galey,
Midland, Georgia located in Garland, Texas
(TA-W-60,055A), who became totally or partially
separated from employment on or after September 11,
2005, through December 6, 2008, 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 at Washington, D.C. this 7th day of November 2007.

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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,055

SWIFT TEXTILES, d/b/a/ SWIFT GALEY
MIDLAND, GEORGIA

Notice of Revised Determination
on Reconsideration

By letter dated November 6, 2006, the subject company requested administrative
reconsideration regarding the Department’s Negative Determination Regarding Eligibility to
Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm. The
denial was issued on October 17, 2006. The Department’s Notice of determination was published
in the Federal Register on November 6, 2006 (71 FR 65004). Workers produce denim fabric.
The denial was based on the Department’s findings that the denim fabric is exported,
there was no shift of production of fabric abroad, and the subject firm did not import denim
fabric.
The request for reconsideration, dated November 6, 2006, states that the subject firm will
be closing at the end of 2006 and alleges that the closure is due to increased imports.
During the reconsideration investigation, the Department was informed that the denim
yarn produced at Swift Galey, Columbus, Georgia (TA-W-59,234; certified May 22, 2006 based
on import impact from Mexico) was sent to Swift Galey, Midland, Georgia to be finished into
denim fabric.
Based on this new information, the Department has determined that the subject firm is a
downstream producer to Swift Galey, Columbus, Georgia and conducted an investigation to
determine whether the subject workers are eligible to apply for Trade Adjustment Assistance
(TAA) as workers of a secondarily-affected firm (a firm that either supplied component parts for
articles produced by a firm with a currently TAA-certified worker group or assembled/finished
articles provided by a firm with a currently TAA-certified worker group).
In order for the subject workers to be certified on a secondarily-affected basis, the
following criteria must be met: 1) a significant number or proportion of the subject firm
separated or threatened with separations and 2) the subject firm is a supplier or a downstream
producer to a firm or subdivision that employed a TAA-certified worker group and such supply
or production is related to the article that was the basis for the certification. In the case of
downstream producers, the primary certification must be based on a shift of production to
Canada or Mexico or import impact from Canada or Mexico.
Based on previously-submitted information and information obtained during the
reconsideration investigation, the Department determines that Swift Textile, d/b/a/ Swift Galey,
Midland, Georgia qualifies as a secondarily-affected firm.
In accordance with Section 246 the Trade Act of 1974 (26 USC 2813), as amended, the
Department 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 information obtained in the reconsideration investigation, I
determine that workers of Swift Textiles, d/b/a/a Swift Galey, Midland, Georgia, 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 Swift Textile, d/b/a Swift Galey, Midland, Georgia who became totally or
partially separated from employment on or after September 11, 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 in Washington, D.C. this 6th day of December 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-60,055

SWIFT TEXTILES, d/b/a SWIFT GALEY
MIDLAND, GEORGIA

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 September 12, 2006, in
response to a petition filed by a company official on behalf of
workers of Swift Textiles, d/b/a Swift Galey, Midland, Georgia.
The workers produce denim fabric.
The investigation revealed that criteria I.C and II.B have not
been met.
The denim fabric produced by the subject firm is sold to
apparel manufacturers producing abroad and is thus an export. Loss
of export sales cannot be used as a basis for certification under
the Trade Act of 1974.
There has been no shift of production of fabric abroad, nor
does the company anticipate a shift to any country which is party
to a free trade agreement with the United States. In addition, the
subject firm does not import denim fabric.
Further, 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 Swift Textiles, d/b/a Swift Galey,
Midland, Georgia 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 17th day of October 2006


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







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