Denied
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TAW-64906  /  Fabric Trends International, LLC (West Hartford, CT)

Petitioner Type: Workers
Impact Date:
Filed Date: 01/15/2009
Most Recent Update: 03/06/2009
Determination Date: 03/06/2009
Expiration Date:


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,906

FABRIC TRENDS INTERNATIONAL, LLC
WEST HARTFORD, CONNECTICUT

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 January 15, 2009, in response
to a worker petition filed on behalf of workers of Fabric Trends
International, LLC, West Hartford, Connecticut. The workers produce
high tech upholstery fabric.
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 of high tech upholstery
fabric, nor did it import this product in the period under
investigation.
Petitioners allege that production shifted from the subject firm
to China. However, any shift considered was not realized.
The Department of Labor surveyed firms to which the subject firm
submitted unsuccessful bids in 2007 and 2008. The survey revealed that
there were no import purchases of high tech upholstery fabric and/or
articles like or directly competitive made by these companies in the
relevant period.
United States aggregate imports of high tech upholstery fabric
and/or articles like or directly competitive declined in 2008 compared
with 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 in the
investigation, I determine that all workers of Fabric Trends
International, LLC, West Hartford, Connecticut, 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 6th day of March, 2009

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance