DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,033

TEXTILE ARTS & FILM, INC.
CHESTER, SOUTH CAROLINA

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 (19 USC
2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers as suppliers of component parts to a firm or
subdivision primarily affected by increased imports or a shift of
production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

The investigation was initiated on August 23, 2007 in response
to a petition filed on behalf of workers of Textile Arts & Film,
Inc., Chester, South Carolina. Workers manufactured engraved
textile screens.
The investigation revealed that criterion (2) has not been
met.
The petitioners allege that job losses are attributable to
their firm losing business as a supplier to a textile mill whose
workers were certified eligible to apply for adjustment
assistance. Although the workers of the textile mill are
certified, the engraved textile screens produced by Textile Arts
& Film, Inc., Chester, South Carolina, cannot be considered a
component of the textiles produced the customer.
The Department also determined that the workers of the
subject firm could not be certified eligible for TAA as a primary
firm. 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 revealed that criteria (a)(2)(A) and
(a)(2)(B) have not been met.
The investigation revealed that while there were declines in
employment and production at the subject firm, there was no shift
the production of engraved textile screens to a foreign country
in 2005, 2006, or January through August 2007.
The subject firm did not import engraved textile screens
during the relevant period.
The Department of Labor conducted a survey of the subject
firm's major customers regarding their purchases of engraved
textile screens in 2005, 2006, and January through August 2007.
These surveys revealed no import purchases of engraved textile
screens during the relevant period.
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 Textile Arts & Film,
Inc., Chester, South Carolina do not qualify as adversely affected
secondary workers, and 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 at Washington, D.C., this 9th day of October 2007.

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