DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,243

FRANK J. UPCHURCH CO.
CHARLOTTE, NORTH CAROLINA

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 September 9, 2009 by a company official on behalf of
workers of Frank J. Upchurch Co., Charlotte, North Carolina
(Upchuch). The workers are engaged in activities related to the
production of textile machinery replacement parts. The workers
are not separately identifiable.
The investigation revealed that workers of Upchurch who are
engaged in activities related to the production of textile
machinery replacement parts meet the criteria for certification.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in the workers' firm have become
totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of textile machinery replacement parts by
Upchurch have decreased absolutely during the first six months
of 2009 over the corresponding 2008 period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with textile
machinery replacement parts by Upchurch have increased.
Specifically, a customer has significantly increased their
reliance on imported textile machinery replacement parts
during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of textile machinery parts by customers
of Upchurch contributed importantly to the worker group
separations and sales/production declines at Upchurch during
the relevant period.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Frank J. Upchurch
Co., Charlotte, North Carolina who are engaged in activities
related to the production of textile machinery replacement
parts 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 Frank J. Upchurch Co., Charlotte, North
Carolina who became totally or partially separated from
employment on or after September 9, 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 25th day of November, 2009.


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance