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TAW-73431  /  Milliken & Company (Barnwell, SC)

Petitioner Type: Workers
Impact Date: 01/19/2009
Filed Date: 02/03/2010
Most Recent Update: 08/10/2010
Determination Date: 08/10/2010
Expiration Date: 08/10/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,431

MILLIKEN & COMPANY
APPAREL DIVISION
BARNWELL, SOUTH 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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. 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;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm 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
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for
another firm for articles or services with respect to which a
group of workers in such other firm has been certified under
subsection (a) [of Section 222 of the Act]" and defines the term
"value-added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
The investigation was initiated in response to a petition
filed on February 3, 2010 on behalf of workers of Milliken &
Company, Apparel Division, Barnwell, South Carolina (subject
firm). The workers are engaged in the finishing of fabric.
The investigation revealed that workers of the subject
firm, who are engaged in employment related to the finishing
of fabric, meet the criteria as a Downstream Producer for
secondary worker certification.
Criterion I has been met because all workers at the
subject firm were totally separated from employment.
Criterion II has been met because workers at the subject
firm finished fabric for firms that employed worker groups
that are currently eligible to apply for Trade Adjustment
Assistance (TAA) and the finishing of fabric was related to
the articles that were the basis of those TAA certifications.
Criterion III has been met because the loss of business
by the subject firm with the firms with worker groups eligible
to apply for TAA contributed importantly to the worker
separations at the Barnwell, South Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Milliken & Company,
Apparel Division, Barnwell, South Carolina, who are engaged in
employment related to the finishing of fabric, meet the worker
group certification criteria under Section 222(c) of the Act, 19
U.S.C. § 2272(c). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Milliken & Company, Apparel Division,
Barnwell, South Carolina, who became totally or partially
separated from employment on or after January 19, 2009,
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 10th day of August, 2010

/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance