Denied
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TAW-60074  /  Rebtex Company, Inc. (East Greenwich, RI)

Petitioner Type: Company
Impact Date:
Filed Date: 09/13/2006
Most Recent Update: 09/29/2006
Determination Date: 09/29/2006
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,074

REBTEX COMPANY, INC.
EAST GREENWICH, RHODE ISLAND

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
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 13, 2006 in
response to a petition filed by a company official on behalf of
workers at Rebtex Company, Inc., East Greenwich, Rhode Island. The
workers at the subject firm produced textile machine supplies; they
are not separately identifiable by articles produced.
The investigation revealed the subject firm sells textile mill
supplies only to fabric and textile companies for use in their
textile machinery. The textile mill supplies are either replacement
parts or enhancements on already purchased textile machinery. The
subject firm does not sell textile mill supplies to textile
machinery manufacturing companies. Therefore, the textile mill
supplies produced by the subject firm are not component parts
supplied to another firm (or subdivision) for use in the
manufacturing of articles on which a certification of eligibility
for trade adjustment assistance was based, which is required for
certification under the Trade Act.
The investigation also 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
import textile machine supplies during 2004, 2005, or January
through August 2006 nor did it shift production to a foreign
country.
The Department of Labor conducted a survey of the subject
firm's major customer(s) regarding purchases of textile machine
supplies during 2004, 2005 and January through August 2006 over the
corresponding 2005 period. The survey revealed no customer imports
of textile machine supplies 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 of the facts obtained in this
investigation, I determine that all workers of Rebtex Company,
Inc., East Greenwich, Rhode Island are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974 and alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.
Signed in Washington, D.C. this 29th day of September 2006.

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