DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,881

SOUTHERN WEAVING COMPANY
TARBORO PLANT 5
TARBORO, NORTH CAROLINA

Notice of Negative Determination
Regarding Application for Reconsideration


By letter dated October 1, 2007, a company official
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 notice was published in the
Federal Register on October 3, 2007 (72 FR 56385).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative
determination signed on September 21, 2007 was based on the
finding that imports of tie down and tubular webbing did not
contribute importantly to worker separations at the subject plant
and no shift of production to a foreign source occurred. The
“contributed importantly” test is generally demonstrated through
a survey of the workers’ firm’s declining customers. The survey
revealed negligible declining imports of tie down and tubular
webbing as reported by major declining customers during the
relevant period. The subject firm did not import tie down and
tubular webbing.
The petitioner states that the affected workers lost their
jobs as a direct result of a loss of customers and alleges that
the customers “are getting their orders from some other country.”
The Department conducted an additional investigation to
determine whether imports of tie down and tubular webbing indeed
impacted production at the subject firm and consequently caused
workers separations. Upon further review of the previous
investigation the Department contacted the major declining
customer of the subject firm, which initially reported negligible
increases in imports of tie down and tubular webbing. This
customer reported that the imports they are buying are not like
or directly competitive with the tie down and tubular webbing
previously purchased from the subject firm. The customer imports
final products, which contain tie down and tubular webbing as
components.
In order to establish import impact, the Department must
consider imports that are like or directly competitive with those
produced at the subject firm. The Department conducted a survey
of the subject firm’s major declining customers regarding their
purchases of tie down and tubular webbing during 2005, 2006 and
January through June 2007 over the corresponding 2006 period.
The survey revealed that the declining customers did not import
tie down and tubular webbing during the relevant period.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed in Washington, D.C. this 31st day of October 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-61,881

SOUTHERN WEAVING COMPANY
TARBORO PLANT 5
TARBORO, NORTH 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 July 25, 2007 in response
to a petition filed by a company official on behalf of workers of
Southern Weaving Company, Tarboro Plant 5, Tarboro, North Carolina.
Workers at the subject firm produce tie down and tubular webbing;
workers are not separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II. B) have not been met.
The investigation revealed that the subject firm did not
import tie down or tubular webbing or shift its production abroad
in 2005, 2006, or during January through June in 2007. Production
at the subject firm is being consolidated domestically.
The Department of Labor surveyed the subject firm’s major
declining customer regarding their purchases of tie down and/or
tubular webbing. This survey revealed negligible declining imports
of tie down and/or tubular webbing in 2005, 2006, and/or the period
of January through June 2007.
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 during this
investigation, I determine that workers of Southern Weaving
Company, Tarboro Plant 5, Tarboro, North 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 21st day of September 2007


/s/Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance






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