Petitioner Type: Company
Impact Date: 01/29/2000
Filed Date: 02/05/2001
Most Recent Update: 07/02/2001
Determination Date: 07/02/2001
Expiration Date: 12/11/2003
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,645
TEXEL USA, INC.
HENDERSON, NORTH CAROLINA
Notice of Revised Determination
on Reconsideration
By letter of July 24, 2001, the company requested administrative reconsideration regarding the Department=s Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm.
The initial investigation resulted in a negative determination issued on July 2, 2001, based on the finding that imports of nonwoven needle punched felts did not contribute importantly to worker separations at the Henderson plant. The denial notice was published in the Federal Register on July 20, 2001 (66 FR 38026).
To support the request for reconsideration, the company supplied additional information which helped clarify information that was provided during the initial investigation. The company indicated they shifted subject plant production to an affiliated plant located in Canada and simultaneously began importing nonwoven needle punched felts back to the United States to serve their domestic customer base during the relevant period. The imports accounted for a meaningful portion of subject plant production.
Conclusion
After careful review of the additional facts obtained on reconsideration, I conclude that increased imports of articles like or directly competitive with those produced at Texel USA, Inc., Henderson, North Carolina, contributed importantly to the declines in sales or production and to the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification:
"All workers of Texel USA, Inc., Henderson, North Carolina, who became totally or partially separated from employment on or after January 29, 2000 through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 11th day of December 2001.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,645
TEXEL USA, INC.
HENDERSON, 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 in response to a petition received on February 5, 2001, and filed by a company official on behalf of workers of Texel USA, Inc., Henderson, North Carolina. The workers produce nonwoven needle punched felts for the industrial, filtration and footwear markets.
The investigation revealed that criterion (3) has not been met.
The investigation revealed that the predominant portion of production of the subject firm is destined for the export market. Export sales are not affected by imports and thus the loss of export sales cannot be the basis of certification under the Trade Act.
Conclusion
After careful review, I determine that all workers of Texel USA, Inc., Henderson, 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 2nd day of July, 2001.
/s/ Linda G. Poole
__________________________ LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-38,645
TEXEL USA, INC.
HENDERSON, NORTH CAROLINA
Notice of Revised Determination
on Reconsideration
By letter of July 24, 2001, the company requested administrative reconsideration regarding the Department=s Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm.
The initial investigation resulted in a negative determination issued on July 2, 2001, based on the finding that imports of nonwoven needle punched felts did not contribute importantly to worker separations at the Henderson plant. The denial notice was published in the Federal Register on July 20, 2001 (66 FR 38026).
To support the request for reconsideration, the company supplied additional information which helped clarify information that was provided during the initial investigation. The company indicated they shifted subject plant production to an affiliated plant located in Canada and simultaneously began importing nonwoven needle punched felts back to the United States to serve their domestic customer base during the relevant period. The imports accounted for a meaningful portion of subject plant production.
Conclusion
After careful review of the additional facts obtained on reconsideration, I conclude that increased imports of articles like or directly competitive with those produced at Texel USA, Inc., Henderson, North Carolina, contributed importantly to the declines in sales or production and to the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification:
"All workers of Texel USA, Inc., Henderson, North Carolina, who became totally or partially separated from employment on or after January 29, 2000 through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 11th day of December 2001.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,645
TEXEL USA, INC.
HENDERSON, 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 in response to a petition received on February 5, 2001, and filed by a company official on behalf of workers of Texel USA, Inc., Henderson, North Carolina. The workers produce nonwoven needle punched felts for the industrial, filtration and footwear markets.
The investigation revealed that criterion (3) has not been met.
The investigation revealed that the predominant portion of production of the subject firm is destined for the export market. Export sales are not affected by imports and thus the loss of export sales cannot be the basis of certification under the Trade Act.
Conclusion
After careful review, I determine that all workers of Texel USA, Inc., Henderson, 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 2nd day of July, 2001.
/s/ Linda G. Poole
__________________________ LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance