DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,224

MISTY MOUNTAIN THREADWORKS, INC.
BANNER ELK, NORTH CAROLINA

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance


In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), the Department of Labor herein presents the results of
its investigation regarding certification of eligibility to apply
for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated in response to a petition
received on October 10, 2006 and filed by a company official on
behalf of workers of Misty Mountain Threadworks, Inc., Banner Elk,
North Carolina. The workers at the subject firm are engaged in the
production of climbing harnesses, boulder pads and accessories.
Workers at the subject firm are not separately identifiable by
product line.
The investigation revealed that sales and employment declined
from the period of January through September 2006 over the
corresponding 2005 period.
The investigation also revealed that the company increased
their imports of boulder pads and accessories during the relevant
period under investigation.
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 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.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:

1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criteria (1) have not

been met.
The investigation revealed a significant number of workers in
the workers' firm are not 50 years of age or older.
Significant number or proportion of the workers in a firm or
appropriate subdivision means at least three workers in a workforce
of fewer than 50 workers, five percent of the workers in a
workforce of over 50 workers.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with climbing harnesses, boulder pads
and accessories produced by Misty Mountain Threadworks, Inc.,
Banner Elk, North Carolina, contributed importantly to the total or
partial separation of workers and to the decline in sales or
production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:










"All workers Misty Mountain Threadworks, Inc., Banner Elk,
North Carolina, who became totally or partially separated from
employment on or after September 28, 2005, through two years
from the date of certification, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."
I further determine that all workers of Misty Mountain
Threadworks, Inc., Banner Elk, North Carolina are denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 18th day of October 2006.

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