Certified
« back to search results

TAW-81861  /  Marlatex Corporation (Belmont, NC)

Petitioner Type: Company
Impact Date: 08/03/2011
Filed Date: 08/06/2012
Most Recent Update: 10/26/2012
Determination Date: 10/26/2012
Expiration Date: 10/26/2014

DEPARTMENT OF LABOR

Employment and Training Administration


TA-W-81,861

MARLATEX CORPORATION
BELMONT, 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b) or
(e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e).
For the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following
criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm must
have become totally or partially separated or be threatened
with total or partial separation.

(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if:
(i) sales or production, or both, at the workers' firm must
have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly competitive
with articles into which the component part produced
by the workers' firm was directly incorporated have
increased; OR
(II)(bb) imports of articles like or directly competitive
with articles which are produced directly using the
services supplied by the workers' firm have
increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers'
firm was directly incorporated have increased.
(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 August 6, 2012 by a company official on behalf of workers
of Marlatex Corporation, Belmont, North Carolina (subject firm).
The subject firm is engaged in activities related to the production
of decorative fabrics. The worker group does not include any
leased or temporary workers.
Section 222(a)(1) has been met because a significant number or
proportion of the workers at the workers' firm have become totally
or partially separated, or are threatened to become totally or
partially separated.
Section 222(a)(2) has been met because subject firm sales and
production declined absolutely while imports of finished articles
using foreign-made fabrics increased, and the increased imports
contributed importantly to worker group separations at the subject
firm.
Conclusion
After careful review of the facts obtained during the
investigation, I determine that workers of Marlatex Corporation,
Belmont, North Carolina, who are engaged in activities related to
the production of decorative fabrics, 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 Marlatex Corporation, Belmont, North Carolina,
who became totally or partially separated from employment on
or after August 3, 2011, 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 26th day of October, 2012

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance