Petitioner Type: Workers
Impact Date:
Filed Date: 01/23/2009
Most Recent Update: 03/04/2009
Determination Date: 03/04/2009
Expiration Date:
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,979
FIBERWEB, PLC
SIMPSONVILLE, SOUTH CAROLINA
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated April 18, 2009, the petitioners
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA) applicable to workers and former workers of the
subject firm. The determination was issued on March 4, 2009.
The Notice of Determination was published in the Federal Register
on March 19, 2009 (74 FR 11760).
The initial investigation resulted in a negative
determination based on the finding that imports of filtration
media did not contribute importantly to worker separations at the
subject firm. The investigation also revealed that the subject
firm did not shift production of filtration media to a foreign
country during the relevant period.
In the request for reconsideration, the petitioner alleged
that the workers of the subject firm also produced non-filtration
products. The petitioner also alleged that the subject firm
shifted production of non-filtration products abroad and also
increased imports of non-filtration products during the relevant
period.
The Department carefully reviewed the request for
reconsideration and the existing record and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 12th day of May 2009.
/s/ Elliott S. Kushner
_________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
CORRECTED COPY
March 16, 2009
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,979
FIBERWEB, PLC
SIMPSONVILLE, 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 January 23, 2009, in
response to a worker petition filed on behalf of workers of
Fiberweb, Simpsonville, North Carolina. The workers produce
filtration media used in a wide variety of products in the medical
industry and other industries.
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 filtration
media abroad nor did it import these products in 2007 or 2008.
The Department of Labor surveyed the subject firm’s major
declining domestic customers regarding their purchases of
filtration media in 2007 and 2008. The survey revealed that there
were no import purchases of such products in the relevant period.
The subject firm exported a significant portion of its
production in 2007 and 2008. Declines in purchases by foreign
customers accounted for a majority of the overall sales decline in
2008. Loss of export sales is not a basis for certification under
the Trade Act.
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 assis-
tance (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 Fiberweb,
Simpsonville, 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 4th day of March, 2009
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
- 5 -
Employment and Training Administration
TA-W-64,979
FIBERWEB, PLC
SIMPSONVILLE, SOUTH CAROLINA
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated April 18, 2009, the petitioners
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA) applicable to workers and former workers of the
subject firm. The determination was issued on March 4, 2009.
The Notice of Determination was published in the Federal Register
on March 19, 2009 (74 FR 11760).
The initial investigation resulted in a negative
determination based on the finding that imports of filtration
media did not contribute importantly to worker separations at the
subject firm. The investigation also revealed that the subject
firm did not shift production of filtration media to a foreign
country during the relevant period.
In the request for reconsideration, the petitioner alleged
that the workers of the subject firm also produced non-filtration
products. The petitioner also alleged that the subject firm
shifted production of non-filtration products abroad and also
increased imports of non-filtration products during the relevant
period.
The Department carefully reviewed the request for
reconsideration and the existing record and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 12th day of May 2009.
/s/ Elliott S. Kushner
_________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
CORRECTED COPY
March 16, 2009
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,979
FIBERWEB, PLC
SIMPSONVILLE, 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 January 23, 2009, in
response to a worker petition filed on behalf of workers of
Fiberweb, Simpsonville, North Carolina. The workers produce
filtration media used in a wide variety of products in the medical
industry and other industries.
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 filtration
media abroad nor did it import these products in 2007 or 2008.
The Department of Labor surveyed the subject firm’s major
declining domestic customers regarding their purchases of
filtration media in 2007 and 2008. The survey revealed that there
were no import purchases of such products in the relevant period.
The subject firm exported a significant portion of its
production in 2007 and 2008. Declines in purchases by foreign
customers accounted for a majority of the overall sales decline in
2008. Loss of export sales is not a basis for certification under
the Trade Act.
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 assis-
tance (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 Fiberweb,
Simpsonville, 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 4th day of March, 2009
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
- 5 -