DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,075

DURO TEXTILES, LLC
FINISHING AND PRINT PLANTS
A WHOLLY OWNED SUBSIDARY OF PATRIARCH PARTNERS, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
LT STAFFING AND ABLE ASSOCIATES
FALL RIVER, MASSACHUSETTS

Notice of Negative Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the Trade
Preferences Extension Act of 2015, Public Law No. 114-27, section
405(a)(1)(A), 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 TAARA 2015, to the facts of this petition (statutory
reconsideration).

The initial investigation, initiated February 19, 2014, resulted
in a negative determination, issued on April 8, 2014, that was based on
no import increase and no production shift abroad. The determination was
applicable to workers and former workers of Duro Textiles, LLC, Finishing
and Print Plants, a wholly owned subsidiary of Patriarch Partners, LLC,
including on-site leased workers from LT Staffing and Able Associates,
Fall River, Massachusetts (herein referred to as “Duro Textiles, LLC”).
An Application Pursuant to Regulatory Reconsideration was issued on
May 5, 2014. A Negative Determination on Regulatory Reconsideration was
issued on June 13, 2014. The workers’ firm is engaged in activities
related to the production of fabrics; specifically the two plants have
workers who dye, finish, coat, and print fabrics.

The petitioner originally alleged that, “Duro Textiles, LLC continues
to be effected by decrease in government military spending, which
subsequently results in a reduction of its workers.”

Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that there is no
shift in production to a foreign country, the firm did not acquire
production from a foreign country, there are no company or customer
imports, the firm was not identified as injured by the International
Trade Commission, and the firm is not a Downstream Producer or a
Supplier.

With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that criterion (2) has not been met because
imports have not increased during January 2014 compared to January
2013. Finished article imports did not increase during January 2014
compared to January 2013. The firm did not import articles like or
directly competitive. Furthermore, declining customers of Duro
Textiles, LLC are military and government and are subject to the
Berry Amendment. The surveys revealed no imports fabrics.

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the production
of fabrics or a like or directly competitive article to a foreign
country or acquire fabrics or a like or directly competitive article
from a foreign country.

With respect to Section 222(b)(2) of the Act, the
investigation revealed that Duro Textiles, LLC is not a Supplier
or a 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).

Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because Criterion
(1) has not been met since the workers’ firm has not been publicly
identified by name by the International Trade Commission as a member
of a domestic industry in an investigation resulting in an affirmative
finding of serious injury, market disruption, or material injury, or
threat thereof.

Conclusion

After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility Duro Textiles, LLC,
Finishing and Print Plants, a wholly owned subsidiary of Patriarch
Partners, LLC, including on-site leased workers from LT Staffing and
Able Associates, Fall River, Massachusetts who were engaged in
employment related to the production of fabrics to apply for
adjustment assistance, in accordance with Section 223 of the Act,
19 U.S.C. § 2273.

Signed in Washington, D.C. this 4th day of December, 2015


/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,075

DURO TEXTILES, LLC
FINISHING AND PRINT PLANTS
A WHOLLY OWNED SUBSIDARY OF PATRIARCH PARTNERS, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
LT STAFFING AND ABLE ASSOCIATES
FALL RIVER, MASSACHUSETTS

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated May 5, 2014, a company official requested
administrative reconsideration of the Department of Labor's
negative determination regarding eligibility to apply for worker
adjustment assistance, applicable to workers and former workers
of Duro Textiles, LLC, Finishing & Print Plants, a wholly owned
subsidiary of Patriarch Partners, LLC, including on-site leased
workers from LT Staffing and Able Associates, Fall River,
Massachusetts (subject firm). The negative determination was
signed on April 8, 2014, and the Department’s Notice of
determination was published in the Federal Register on April 29,
2014 (79 FR 24018).

Workers of the subject firm are engaged in activities related to
the production of fabrics. Pursuant to 29 CFR 90.18(c)
reconsideration may be granted under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The negative determination of the Trade Adjustment Assistance (TAA)
petition was based on the Department’s finding of no increased
company or customer imports of like or directly competitive
articles during the relevant period and no shift of production to
a foreign country by the subject firm. During the investigation,
the Department conducted a survey of the subject firm and its major
declining customers of import activity, and had conducted a survey
on a major lost bid on a contract. In addition, the Department
determined that a secondary worker certification could not be issued
because the criteria set forth in Section 222(b) of the Trade Act of
1974, as amended (the Act), was not met. The request for reconsideration
asserts that Section 222(a)(1) and Section 222(a)(2)(A)(1) of the Act
have been met, and, therefore, the workers are eligible to apply for
TAA. The negative determination was not based on the Department’s
finding that the employment and sales/production decline criteria
was not met; rather, the subject firm did not shift fabric production
to a foreign country, imports of articles like or directly competitive
with the fabric produced by the workers did not increase during the
relevant period, and the subject firm is neither a Supplier or Producer
under Section 222(c)
of the Act.

The petitioner did not supply facts not previously considered; nor
provide additional documentation indicating that there was either 1)
a mistake in the determination of facts not previously considered or 2)
a misinterpretation of facts or of the law justifying reconsideration
of the initial determination. Based on these findings, the Department
determines that 29 CFR 90.18(c) has not been met.

Conclusion

After careful review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of the
law or of the facts which would justify reconsideration of the
Department of Labor's prior decision. Accordingly, the application
is denied. Signed in Washington, D.C., this 13th day of June, 2014


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,075

DURO TEXTILES, LLC
FINISHING AND PRINT PLANTS
A WHOLLY OWNED SUBSIDARY OF PATRIARCH PARTNERS, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
LT STAFFING AND ABLE ASSOCIATES
FALL RIVER, MASSACHUSETTS

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 of Labor 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 February 19, 2014 by a company official on behalf of
workers of Duro Textiles, LLC, Finishing & Print Plants, a
wholly owned subsidiary of Patriarch Partners, LLC, Fall River,
Massachusetts. The workers' firm is engaged in activities
related to the production of textiles. The worker group
includes on-site leased workers from LT Staffing and Able
Associates.
Workers of Duro Textiles, LLC were previously certified
under petition number TA-W-81,226 based on a shift in
production to a foreign country. That certification expired
on February 14, 2014.
The petitioner alleges that, "Duro Textiles, LLC continues
to be effected by decrease in government military spending,
which subsequently results in a reduction of its workers."
During the course of the investigation, information was
collected from the workers' firm, the firm's major declining
customers, and a survey on a major lost bid on a contract.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Duro Textiles, LLC did not shift
production to a foreign country during 2012 or 2013. Ratther,
the investigation confirmed that Duro Textiles, LLC is
decreasing production activities in a foreign country.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that Duro Textiles, LLC did not import
like or directly competitive dyed, finished, coated, and
printed fabrics during the relevant period. Major declining
customer surveys revealed no imports of like or directly
competitive dyed, finished, coated, and printed fabrics during
the relevant period. The survey of a major lost contract bid
revealed that Duro Textiles, LLC lost the contract to another
firm that produces the fabric within the United States.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Duro Textiles, LLC is not a
Supplier or Downstream Producer.
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. 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 Duro Textiles,
LLC, Finishing & Print Plants, a wholly owned subsidiary of
Patriarch Partners, LLC, including on-site leased workers from
LT Staffing and Able Associates, Fall River, Massachusetts
engaged in activities related to the production of dyed,
finished, coated, and printed fabrics 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 April, 2014

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