Petitioner Type: Company
Impact Date:
Filed Date: 10/16/2000
Most Recent Update: 10/23/2000
Determination Date: 10/23/2000
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,218
SWIFT DENIM
ERWIN, NORTH CAROLINA
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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated,
or are threatened to become totally or partially
separated;
(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated on October 16, 2000 in
response to a petition filed on behalf of workers at Swift Denim,
Erwin, North Carolina. Workers were engaged in activities
related to the production of denim fabric.
The investigation revealed that criterion (3) has not been
met.
The preponderance in the declines in employment at the
subject plant is the direct result of a majority of plant
production being shifted abroad to serve customers abroad. Some
plant production was shifted domestically. The overseas
facility does not have plans to ship the denim fabric back to the
United States.
The investigation further revealed that sales and production
were not declining up to the closure of the plant.
Currently, the workers are under an existing investigation
for NAFTA-Transitional Adjustment Assistance. The identifying
number is NAFTA-4196. A determination on the NAFTA petition will
be made concurrently with this.
Conclusion
After careful review, I determine that all workers of Swift
Denim, Erwin, North Carolina are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 23rd day of October, 2000.
/s/ Linda G. Poole
____________________________
LINDA POOLE
Certifying Officer, Division of
Trade Adjustment Assistance