Petitioner Type: Company
Impact Date: 05/26/2008
Filed Date: 05/28/2009
Most Recent Update: 07/20/2009
Determination Date: 07/20/2009
Expiration Date: 07/20/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,681
PERFORMANCE FIBERS
SCOTTSBORO, ALABAMA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a Firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.
The investigation was initiated in response to a petition
filed on May 28, 2009 by a company official on behalf of
workers of Performance Fibers, Scottsboro, Alabama. The
workers produce tire cord fabric. This treated fabric is used
as a component in the production of automotive tires by
customers of the subject firm.
The investigation revealed that workers of Performance
Fibers, Scottsboro, Alabama who are engaged in employment
related to production of tire cord fabric meet the criteria for
certification.
Section 222(a)(1) has been met because all workers were
separated upon closure of the Scottsboro facility on March 31,
2009.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of tire cord fabric by Performance Fibers,
Scottsboro, Alabama decreased absolutely upon closure of the
Scottsboro facility on March 31, 2009.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with tire
cord fabric by a major customer of the subject firm have
increased. The Department of Labor surveyed the major declining
customer of the subject firm regarding its purchases of pine
tire cord fabric in 2007, 2008 and in January to April 2009.
The customer reported increased imports in January to April 2009
compared with the same period in 2008. In addition, the
Department also surveyed the major customer regarding its
purchases of articles which directly incorporated the tire cord
fabric purchased from the subject firm. The customer reported
that imports of automobile tires increased during all periods.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of tire cord fabric by customers of
Performance Fibers, Scottsboro, Alabama contributed
importantly to the worker group separations and
sales/production declines at the Scottsboro facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Performance Fibers,
Scottsboro, Alabama, who are engaged in employment related to
production of tire cord fabric meet the worker group
certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Performance Fibers, Scottsboro, Alabama,
who became totally or partially separated from employment
on or after May 26, 2008, through two years from the date
of certification, and all workers in the group threatened
with total or partial separation from employment on the
date of certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 20th day of July, 2009
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-70,681
PERFORMANCE FIBERS
SCOTTSBORO, ALABAMA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a Firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.
The investigation was initiated in response to a petition
filed on May 28, 2009 by a company official on behalf of
workers of Performance Fibers, Scottsboro, Alabama. The
workers produce tire cord fabric. This treated fabric is used
as a component in the production of automotive tires by
customers of the subject firm.
The investigation revealed that workers of Performance
Fibers, Scottsboro, Alabama who are engaged in employment
related to production of tire cord fabric meet the criteria for
certification.
Section 222(a)(1) has been met because all workers were
separated upon closure of the Scottsboro facility on March 31,
2009.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of tire cord fabric by Performance Fibers,
Scottsboro, Alabama decreased absolutely upon closure of the
Scottsboro facility on March 31, 2009.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with tire
cord fabric by a major customer of the subject firm have
increased. The Department of Labor surveyed the major declining
customer of the subject firm regarding its purchases of pine
tire cord fabric in 2007, 2008 and in January to April 2009.
The customer reported increased imports in January to April 2009
compared with the same period in 2008. In addition, the
Department also surveyed the major customer regarding its
purchases of articles which directly incorporated the tire cord
fabric purchased from the subject firm. The customer reported
that imports of automobile tires increased during all periods.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of tire cord fabric by customers of
Performance Fibers, Scottsboro, Alabama contributed
importantly to the worker group separations and
sales/production declines at the Scottsboro facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Performance Fibers,
Scottsboro, Alabama, who are engaged in employment related to
production of tire cord fabric meet the worker group
certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Performance Fibers, Scottsboro, Alabama,
who became totally or partially separated from employment
on or after May 26, 2008, through two years from the date
of certification, and all workers in the group threatened
with total or partial separation from employment on the
date of certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 20th day of July, 2009
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance