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TAW-80089  /  Parkdale America, LLC (Galax, VA)

Petitioner Type: Workers
Impact Date: 03/31/2010
Filed Date: 04/06/2011
Most Recent Update: 01/20/2012
Determination Date: 01/20/2012
Expiration Date: 01/20/2014

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,089

PARKDALE AMERICA, LLC
A DIVISION OF PARKDALE MILLS, INC.
PLANT #22
INCLUDING ON-SITE LEASED WORKERS FROM
SERVE SOURCE/DEFENDER SERVICES
GALAX, VIRGINIA

Notice of Revised Determination
on Reconsideration

The initial investigation, initiated April 6, 2011, resulted
in a negative determination, issued on June 8, 2011, that was based
on the separations not being attributable to a trade effect. The
determination was applicable to workers and former workers of
Parkdale America, LLC, a division of Parkdale Mills, Inc., Plant
#22, including on-site leased workers from Serve Source/Defender
Services, Galax, Virginia (subject firm). The Department’s notice
of negative determination was published in the Federal Register on
June 24, 2011 (76 FR 37155). The workers are engaged in activities
related to the production of yarn.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
Based on information reviewed during the reconsideration
investigation regarding imports of finished articles containing
like or directly competitive components, the Department of Labor
determines that workers at Parkdale America, LLC, Plant #22, Galax,
Virginia meets the requirement for eligibility to apply for TAA.
Section 222(a)(1) has been met because a significant number
or proportion of workers at the subject firm have become totally or
partially separated or are threatened with such separation.
Section 222(a)(2)(A)(i) has been met because sales and/or
production of yarn by the subject firm have decreased absolutely.
Section 222(a)(2)(A)(ii)(III) has been met because there has
been increased imports of articles directly incorporating one or
more component parts produced outside the United States that are
like or directly competitive with imports of articles
incorporating component parts produced by the subject firm.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased aggregate imports of apparel contributed importantly to
the worker group separations and sales/production declines at
Parkdale America, LLC, Plant #22, Galax, Virginia.
Conclusion
After careful review on reconsideration, I determine that
workers of Parkdale America, LLC, Plant #22, Galax, Virginia, who
were engaged in activities related to the production of yarn, 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 Parkdale America, LLC, a division of Parkdale
Mills, Inc., Plant #22, including on-site leased workers from
Serve Source/Defender Services, Galax, Virginia who became
totally or partially separated from employment on or after
March 31, 2010, 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 January, 2012

/s/ Del Min Amy Chen

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,089

PARKDALE AMERICA, LLC
A DIVISION OF PARKDALE MILLS, INC.
PLANT #22
GALAX, VIRGINIA

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 (“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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department to issue a certification for workers under Section
222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that 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
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(i) 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
(ii)(I) 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;
(II)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
(III)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.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers of
a Supplier or a Downstream Producer, the following criteria must be
met:
(1) 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;

(2) 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 that was the basis for such
certification; and

(3) 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(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on April 6, 2011 by three workers on behalf of workers of
Parkdale America, LLC, a division of Parkdale Mills, Inc., Plant
#22, Galax, Virginia. The workers’ firm is engaged in activities
related to the production of yarn.
The petitioners allege that a reduction in workforce at the
firm. During the course of the investigation, information was
collected from the workers’ firm.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift
production of yarn to a foreign country; and the investigation
revealed that the subject firm did not import yarn at any point
over the relevant period.
With respect to Section 222(a)(2)(A)(iii), the investigation
revealed that the increased U.S. aggregate imports of articles
like or directly competitive with the articles produced at
Parkdale America, LLC did not contribute importantly to such
workers’ separation. Specifically, the increased aggregate
imports coincide with increases in sales and production at the
subject firm. Rather, the investigation established that the
worker separations are attributable to a change of product line.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Parkdale America, LLC is not 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).
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(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 Parkdale America,
LLC, a division of Parkdale Mills, Inc., Plant #22, Galax,
Virginia are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, as amended, and are
also denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, amended.
Signed in Washington, D.C. this 8th day of June, 2011



/s/Michael W. Jaffe __________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance




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