Petitioner Type: Company
Impact Date:
Filed Date: 12/05/2006
Most Recent Update: 02/05/2007
Determination Date: 02/05/2007
Expiration Date:
Employment and Training Administration
TA-W-60,536
ACCOTEX, INC.
FORMERLY KNOWN AS DAY INTERNATIONAL
MAULDIN, SOUTH CAROLINA
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 December 5, 2006 in
response to a petition filed by workers of Accotex, Inc., formerly
known as Day International, Mauldin, South Carolina. The workers
produce rubber textile machine parts, including cots, aprons,
shrinkage belts, roll covering, and superba rolls. The workers are
not separately identifiable by specific product.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not shift production from the Mauldin
plant to a foreign country in 2004, 2005, or January through
November 2006. Company imports were very minor and declined in the
January through November, 2006 period.
The Department of Labor surveyed a sample of the subject
facility's major declining customers regarding their purchases of
rubber textile machine parts in 2004, 2005 and January through
November 2006. The survey revealed that customers had either no
imports or declining imports in the 2005/2006 period.
Furthermore, the workers of the subject firm cannot be deemed
eligible as secondarily affected. Although workers at several of
the firms supplied by the subject were certified eligible to apply
for adjustment assistance, the rubber textile machine parts
purchased from the subject firm by these firms do not constitute
component parts of the products (fabric and yarn-related items)
that were the basis of the certification at these firms, nor was
the subject firm a finisher of these products.
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 the
investigation, I determine that all workers of Accotex, Inc.,
formerly known as Day International, Mauldin, South 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 5th day of February 2007
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance