Petitioner Type: Company
Impact Date:
Filed Date: 09/18/2000
Most Recent Update: 09/20/2000
Determination Date: 09/20/2000
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,086
HENNESSEE APPAREL, INC.
DECATUR, TENNESSEE
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
The investigation was initiated on September 18, 2000, in
response to a petition filed on behalf of workers at Hennessee
Apparel, Inc., Decatur, Tennessee. The workers were engaged in
the warehousing and sales of fleece wear during the relevant
period. The company ceased production of fleece wear during
January 1998, which is beyond the scope of this investigation.
The investigation revealed that the workers of Hennessee
Apparel, Inc., Decatur, Tennessee do not produce an article
within the meaning of Section 223(3) of the Act. The Department
of Labor has consistently determined that the performance of
service does not constitute production of an article, as required
by Section 222 of the Trade Act of 1974, and this determination
has been upheld in the U.S. Court of Appeals.
Workers of the subject firm may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm otherwise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject firm.
Conclusion
After careful review, I determine that all workers of
Hennessee Apparel, Inc., Decatur, Tennessee, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 20th day of September, 2000.
/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-38,086
HENNESSEE APPAREL, INC.
DECATUR, TENNESSEE
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
The investigation was initiated on September 18, 2000, in
response to a petition filed on behalf of workers at Hennessee
Apparel, Inc., Decatur, Tennessee. The workers were engaged in
the warehousing and sales of fleece wear during the relevant
period. The company ceased production of fleece wear during
January 1998, which is beyond the scope of this investigation.
The investigation revealed that the workers of Hennessee
Apparel, Inc., Decatur, Tennessee do not produce an article
within the meaning of Section 223(3) of the Act. The Department
of Labor has consistently determined that the performance of
service does not constitute production of an article, as required
by Section 222 of the Trade Act of 1974, and this determination
has been upheld in the U.S. Court of Appeals.
Workers of the subject firm may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm otherwise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject firm.
Conclusion
After careful review, I determine that all workers of
Hennessee Apparel, Inc., Decatur, Tennessee, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 20th day of September, 2000.
/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance