Petitioner Type: Company
Impact Date:
Filed Date: 11/27/2000
Most Recent Update: 05/08/2001
Determination Date: 05/08/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,350
HILL KNITTING MILLS
RICHMOND HILL, NEW YORK
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated June 13, 2001, the company requested administrative reconsideration of the Department's negative determination regarding eligibility to apply for Trade Adjustment Assistance (TAA), applicable to workers and former workers of the subject firm. The denial notice was signed on May 8, 2001, and published in the Federal Register on May 23, 2001 (66 FR 28553).
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 petition for the workers of Hill Knitting Mills, Richmond, New York was denied because the "contributed importantly" group eligibility requirement of Section 222(3) of the Trade Act of 1974, as amended, was not met. The "contributed importantly" test is generally demonstrated through a survey of customers of the workers' firm. None of the customers reported increasing their purchases of imported interlock JACQ strips with and without separation.
The petitioner feels that the decision is incorrect, since the decision depicted goods the plant produced were used for children's clothing. The petitioner indicated that the goods were used for more than just children's clothing. Although the decision indicated that the workers produced knit fabric for children's clothing the investigation encompassed all goods (interlock JACQ strips with and without separation--sweater blanks, knitted fabric) the mill produced, without distinguishing the end-use (adult, children's--male and female) of the goods considered in the decision. Therefore, the initial investigation and resulting determination included all goods the company produced.
The company in their request for reconsideration explained the reason for the declines in their business, however no new evidence pertinent to the initial petition and investigation was presented.
Conclusion
After 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 at Washington, D.C. this 26th day of October 2001.
/s/ Edward A. Tomchick
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,350
HILL KNITTING MILLS,
RICHMOND HILL, NEW YORK
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 sub-division have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or ap-propriate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.
The investigation was initiated on November 27, 2000, in response to a petition filed by the company on behalf of workers at Hill Knitting Mills, Richmond Hill, New York. The workers produced knit fabric for children's clothing.
The investigation revealed that criterion (3) has not been met.
Hill Knitting Mills is not itself importing knit fabric.
The Department of Labor surveyed the subject firm's major customers regarding their purchases of knit fabric. The survey revealed that respondents have not increased their imports in the relevant time period.
Conclusion
After careful review, I determine that all workers of Hill Knitting Mills, Richmond Hill, New York, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 8th day of May 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-38,350
HILL KNITTING MILLS
RICHMOND HILL, NEW YORK
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated June 13, 2001, the company requested administrative reconsideration of the Department's negative determination regarding eligibility to apply for Trade Adjustment Assistance (TAA), applicable to workers and former workers of the subject firm. The denial notice was signed on May 8, 2001, and published in the Federal Register on May 23, 2001 (66 FR 28553).
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 petition for the workers of Hill Knitting Mills, Richmond, New York was denied because the "contributed importantly" group eligibility requirement of Section 222(3) of the Trade Act of 1974, as amended, was not met. The "contributed importantly" test is generally demonstrated through a survey of customers of the workers' firm. None of the customers reported increasing their purchases of imported interlock JACQ strips with and without separation.
The petitioner feels that the decision is incorrect, since the decision depicted goods the plant produced were used for children's clothing. The petitioner indicated that the goods were used for more than just children's clothing. Although the decision indicated that the workers produced knit fabric for children's clothing the investigation encompassed all goods (interlock JACQ strips with and without separation--sweater blanks, knitted fabric) the mill produced, without distinguishing the end-use (adult, children's--male and female) of the goods considered in the decision. Therefore, the initial investigation and resulting determination included all goods the company produced.
The company in their request for reconsideration explained the reason for the declines in their business, however no new evidence pertinent to the initial petition and investigation was presented.
Conclusion
After 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 at Washington, D.C. this 26th day of October 2001.
/s/ Edward A. Tomchick
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,350
HILL KNITTING MILLS,
RICHMOND HILL, NEW YORK
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 sub-division have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or ap-propriate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.
The investigation was initiated on November 27, 2000, in response to a petition filed by the company on behalf of workers at Hill Knitting Mills, Richmond Hill, New York. The workers produced knit fabric for children's clothing.
The investigation revealed that criterion (3) has not been met.
Hill Knitting Mills is not itself importing knit fabric.
The Department of Labor surveyed the subject firm's major customers regarding their purchases of knit fabric. The survey revealed that respondents have not increased their imports in the relevant time period.
Conclusion
After careful review, I determine that all workers of Hill Knitting Mills, Richmond Hill, New York, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 8th day of May 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance