Petitioner Type: Workers
Impact Date: 06/02/2000
Filed Date: 07/02/2001
Most Recent Update: 12/14/2001
Determination Date: 12/14/2001
Expiration Date: 12/14/2003
Employment and Training Administration
TA-W-39,518
SPARTAN INTERNATIONAL, INC.
CHEROKEE FINISHING PLANT
GAFFNEY, SOUTH CAROLINA
TA-W-39,518A
SPARTAN INTERNATIONAL, INC.
SPARTAN PLANT
SPARTANBURG, SOUTH CAROLINA
TA-W-39,518B
SPARTAN INTERNATIONAL, INC.
ROSEMONT PLANT
JONESVILLE, SOUTH CAROLINA
TA-W-39,518C
SPARTAN INTERNATIONAL, INC.
KING FINISHING PLANT
DOVER, GEORGIA
TA-W-39,518D
SPARTAN INTERNATIONAL, INC.
KING MILL
AUGUSTA, GEORGIA
TA-W-39,518E
SPARTAN INTERNATIONAL, INC.
CLEVELAND MILLS
LAWNDALE, NORTH CAROLINA
TA-W-39,518F
SPARTAN INTERNATIONAL, INC.
CLEVELAND-CAROKNIT
JEFFERSON, SOUTH CAROLINA
TA-W-39,518G
SPARTAN INTERNATIONAL, INC.
SPARTAN INTERNATIONAL RETAIL BUSINESS
CHARLOTTE, NORTH CAROLINA
TA-W-39,518H
SPARTAN INTERNATIONAL, INC.
SPARTAN INTERNATIONAL SALES OFFICE
NEW YORK, NEW YORK
TA-W-39,518I
SPARTAN INTERNATIONAL, INC.
CORPORATE OFFICE
SPARTANBURG, SOUTH CAROLINA
Notice of Determinations 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 eli-gibility 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. It is determined in this case that all of the requirements have been met.
The investigation was initiated in response to a petition received on July 2, 2001, filed on behalf of workers at Spartan International, Inc., Cherokee Finishing Plant, Gaffney, South Carolina (TA-W-39,518); Spartan International, Inc., Spartan Plant, Spartanburg, South Carolina (TA-W-39,518A); Spartan International, Inc., Rosemont Plant, Jonesville, South Carolina (TA-W-39,518B); Spartan International, Inc., King Finishing Plant, Dover, Georgia (TA-W-39,518C); Spartan International, Inc., King Mill, Augusta, Georgia (TA-W-39,518D); Spartan International, Inc., Cleveland Mills, Lawndale, North Carolina (TA-W-39,518E); Spartan International, Inc., Cleveland-Caroknit, Jefferson, South Carolina (TA-W-39,518F); Spartan International, Inc., Spartan International Retail Business, Charlotte, North Carolina (TA-W-39,518G); Spartan International, Inc., Spartan International Sales Office, New York, New York (TA-W-39,518H) and Spartan International, Inc., Corporate Office, Spartanburg, South Carolina (TA-W-39,518I).
Below is a summary of the workers activities.
TA-W-39,518 Cherokee Finishing Plant (decorative fabric, including print cloth)
TA-W-39,518A Spartan Plant (slashing and warping for the Rosemont plant)
TA-W-39,518B Rosemont Plant (weaving upholstery and drapery fabric for the King Finishing plant)
TA-W-39,518C King Finishing (cloth prepared and bleached for printing of blankets and spreads and sent back to Cherokee Finishing).
TA-W-39,518D King Mill (self-contained - sends some cloth back to King Finishing for dyeing blankets)
TA-W-39,518E Cleveland Mills (knit shirts)
TA-W-39,518F Cleveland-Caroknit (knit shirts)
TA-W-39,518G Spartan International Retail Business (sells retail bed and bath products)
TA-W-39,518H Spartan International Sales Office (sales office for the subject firm)
TA-W-39,518I Corporate Office (administrative office for the subject firm)
With respect to the production of decorative fabric produced at Cherokee Finishing Plant and finished fabric produced at King Finishing Plant, and the related activities performed at the Spartan Plant and Rosemont Plant, all of the requirements have been met.
The Cherokee Finishing Plant, Spartan Plant, Rosemont Plant and King Finishing are vertically integrated. That is, the Spartan Plant performs slashing and warping functions for the Rosemont plant. The Rosemont plant weaves upholstery and drapery material. The Rosemont facility sends the fabrics to King Finishing for cloth preparation and bleaching and then King Finishing sends the fabric to Cherokee for finishing into decorative fabric (includes print fabric). King Finishing and Cherokee sell to outside customers.
The U.S. Department of Labor conducted a survey of the major customer(s) of Cherokee Finishing regarding their purchases of decorative fabric during the relevant period. The survey revealed that there were significant customer imports of decorative fabric (including print fabric) during the relevant period.
The U.S. Department of Labor conducted a survey of the major customers of King Finishing regarding their purchases of finished fabric during the relevant period. The survey revealed that there were significant customer imports of finished fabric during the relevant period.
With respect to the production of blankets and spread and knitted shirts, produced at Spartan International, Inc., King Mill, Augusta, Georgia all of the requirements have been met.
Sales, production and employment declined during the relevant period.
The King Mill workers were engaged in the manufacture of blankets and spreads. Aggregate imports of Aquilts, eiderdowns, comforters and similar articles, not of cotton@ increased sharply from 1999 to 2000.
The Cleveland Mills and Cleveland-Caroknit workers were engaged in the production of knitted shirts. Aggregate U.S. imports of knit shirts increased significantly from 1999 to 2000. The import to shipment ratio is estimated to be well over 100 percent during the 2000 period.
Spartan International, Inc., Spartan International Retail Business, Charlotte, North Carolina (TA-W-39,518G) workers were engaged in buying of bed and bath products from domestic and foreign sources and then retailing those products. The workers did not produce any products at the subject plant.
The investigation revealed that the petitioners of Spartan International, Inc., Spartan International Retail Business, Charlotte, North Carolina (TA-W-39,518G), did not produce an article within the meaning of Section 222 of the Trade Act, as amended. The Department of Labor has consistently determined that the performance of services does not constitute production of an article, as required by the Trade Act of 1974, and this determination has been upheld in the U. S. Court of Appeals.
Workers at the Spartan International Retail Business 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.
A petition for NAFTA Transitional Adjustment Assistance was recently filed on behalf of workers at the subject firm (NAFTA 5081). A certification in that case was issued on November 27, 2001 for NAFTA 5081 and 5081A-F and 5081 H-I.
Conclusion
After careful review of the facts obtained in the investigation, I conclude that increases of imports of articles like or directly competitive with printed fabric, finished fabric, blankets and spreads, and knitted shirts contributed importantly to the declines in sales or production and to the total or partial separation of workers. In accordance with the provisions of the Act, I make the following certification.
"All workers of Spartan International, Inc., Cherokee Finishing Plant, Gaffney, South Carolina (TA-W-39,518); Spartan International, Inc., Spartan Plant, Spartanburg, South Carolina (TA-W-39,518A); Spartan International, Inc., Rosemont Plant, Jonesville, South Carolina (TA-W-39,518B); Spartan International, Inc., King Finishing Plant, Dover, Georgia (TA-W-39,518C); King Mill, Augusta, Georgia (TA-W-39,518D) engaged in activities related to the production of blankets and spreads and Spartan International, Inc., Cleveland Mills, Lawndale, North Carolina (TA-W-39,518E); Spartan International, Inc., Cleveland-Caroknit, Jefferson, South Carolina (TA-W-39,518F) engaged in employment related to the production of knitted shirts and all workers of Spartan International, Inc., Spartan International Sales Office, New York, New York (TA-W-39,518H) and Spartan International, Inc., Corporate Office, Spartanburg, South Carolina (TA-W-39,518I) engaged in sales and administrative functions who became totally or partially separated from employment on or after June 2, 2000 through two years from the date of certification are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974;" and
I further determine that all workers at Spartan International, Inc., Spartan International Retail Business Office, Charlotte, North Carolina (TA-W-39,518G) are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of l974.
Signed at Washington, D.C., this 14th day of December, 2001
/s/ Linda G. Poole
LINDA G. POOLE Certifying Officer, Division of Trade Adjustment Assistance