Petitioner Type: Company
Impact Date: 07/16/2000
Filed Date: 07/16/2001
Most Recent Update: 08/21/2001
Determination Date: 08/21/2001
Expiration Date: 11/30/2003
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,632 & NAFTA-5059
JPS APPAREL FABRICS CORPORATION
GREENVILLE, SOUTH CAROLINA
TA-W-39,632A & NAFTA-5059A
JPS APPAREL FABRICS CORPORATION
SOUTH BOSTON, VIRGINIA
TA-W-39,632B & NAFTA-5059B
JPS APPAREL FABRICS CORPORATION
NEW YORK, NEW YORK
TA-W-39,632C & NAFTA-5059C
JPS APPAREL FABRICS CORPORATION
LAURENS, SOUTH CAROLINA
Notice of Determination
on Reconsideration
On October 10, 2001, the Department issued a Notice of Affirmative Determination Regarding Application for Reconsideration for TAA and NAFTA-TAA applicable to workers and former workers of the subject firm. The notice was published in the Federal Register on October 30, 2001 (66 FR 54785).
The initial TAA and NAFTA-TAA petition investigations for workers at JPS Apparel Corporation, Greenville, South Carolina (TA-W-39,632 & NAFTA-5059), South Boston, Virginia (TA-W-39,632A & NAFTA-5059A), New York, New York (TA-W-39,632B & NAFTA-5059B), and Laurens, South Carolina (TA-W-39,632C & NAFTA-5059C) were denied based on the finding that the subject firm and customers of the subject firm did not increase their import (including from Canada and Mexico) purchases of spun filament greige woven apparel fabrics during the relevant period.
The company supplied an additional list of customers that they believed were importing spun filament greige woven apparel fabrics.
On reconsideration, the Department conducted a survey of JPS Apparel Corporation's additional customers (accounting for a meaningful portion of the subject firms customer base) regarding their purchases of spun filament greige woven apparel fabrics during 1999, 2000 and January through July 2001. The survey revealed that some respondents increased their reliance on imported (no meaningful imports from Canada or Mexico) spun filament greige woven apparel fabrics, contributing to the layoffs at the subject firm during the relevant period.
On reconsideration the Department further examined U.S. import data that was not available during the initial investigation. The import data shows that selected fabrics like or directly competitive with what the subject plant produced increased significantly during the relevant period. The industry data also depicts a meaningful increase in the import to shipment ratio of these products during the relevant period. However, aggregate U.S. imports from Canada and/or Mexico of selected fabrics like and directly competitive with what the subject plant produced remained relatively stable during the relevant period. The imports from Canada and/or Mexico are relatively low in relation to total aggregate U.S. imports.
Conclusion
After careful review of the additional facts obtained on reconsideration, I conclude that increased imports of articles like or directly competitive with spun and filament greige woven apparel fabrics, contributed importantly to the decline in sales or production and to the total or partial separation of workers of JPS Apparel Corporation, Greenville, South Carolina (TA-W-39,632), South Boston, Virginia (TA-W-39,632A), New York, New York (TA-W-39,632B), and Laurens, South Carolina (TA-W-39,632C). In accordance with the provisions of the Act, I make the following revised determination:
"All workers of JPS Apparel Corporation, Greenville, South Carolina (TA-W-39,632), South Boston, Virginia (TA-W-39,632A), New York, New York (TA-W-39,632B), and Laurens, South Carolina (TA-W-39,632C) who became totally or partially separated from employment on or after July 16, 2000, through two years from the date of this issuance, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974"; and
After reconsideration, I affirm the original notice of negative determination of eligibility to apply for NAFTA-TAA under Section 250 of the Trade Act of 1974 for workers and former workers of JPS Apparel Corporation, Greenville, South Carolina (NAFTA-5059), South Boston, Virginia (NAFTA-5059A), New York, New York (NAFTA-5059B), and Laurens, South Carolina (NAFTA-5059C).
Signed in Washington, D.C. this 30th day of November 2001.
/s/ Edward A. Tomchick
______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,632
JPS APPAREL FABRICS CORPORATION
GREENVILLE, SOUTH CAROLINA
AND
TA-W-39,632A SOUTH BOSTON, VIRGINIA
TA-W-39,632B NEW YORK, NEW YORK
TA-W-39,632C LAURENS, SOUTH 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 July 16, 2001, in response to a petition filed by the company on behalf of workers at JPA Apparel Fabrics Corporation, Greenville, South Carolina, South Boston, Virginia, New York, New York and Laurens, South Carolina. The workers were engaged in the production of spun and filament greige woven apparel fabric.
The investigation revealed that criterion (3) has not been met.
The subject firm does not import spun and filament greige woven apparel fabric.
The U.S. Department of Labor conducted a survey of major customers of the subject firm regarding their purchases of spun and filament greige woven apparel fabric in 1999, 2000, January to July 2000 and January to July 2001. Results of the survey indicated that customers did not import the product subject of this investigation during the relevant periods.
A petition for eligibility for NAFTA-Transitional Adjustment Assistance has been filed on behalf of the same group of workers at the subject firm, NAFTA-5059.
Conclusion
After careful review, I determine that all workers of JPS Apparel Fabrics Corporation, Greenville, South Carolina, South Boston, Virginia, New York, New York and Laurens, South Carolina, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 21st day of August, 2001.
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,632 & NAFTA-5059
JPS APPAREL FABRICS CORPORATION
GREENVILLE, SOUTH CAROLINA
TA-W-39,632A & NAFTA-5059A
JPS APPAREL FABRICS CORPORATION
SOUTH BOSTON, VIRGINIA
TA-W-39,632B & NAFTA-5059B
JPS APPAREL FABRICS CORPORATION
NEW YORK, NEW YORK
TA-W-39,632C & NAFTA-5059C
JPS APPAREL FABRICS CORPORATION
LAURENS, SOUTH CAROLINA
Notice of Determination
on Reconsideration
On October 10, 2001, the Department issued a Notice of Affirmative Determination Regarding Application for Reconsideration for TAA and NAFTA-TAA applicable to workers and former workers of the subject firm. The notice was published in the Federal Register on October 30, 2001 (66 FR 54785).
The initial TAA and NAFTA-TAA petition investigations for workers at JPS Apparel Corporation, Greenville, South Carolina (TA-W-39,632 & NAFTA-5059), South Boston, Virginia (TA-W-39,632A & NAFTA-5059A), New York, New York (TA-W-39,632B & NAFTA-5059B), and Laurens, South Carolina (TA-W-39,632C & NAFTA-5059C) were denied based on the finding that the subject firm and customers of the subject firm did not increase their import (including from Canada and Mexico) purchases of spun filament greige woven apparel fabrics during the relevant period.
The company supplied an additional list of customers that they believed were importing spun filament greige woven apparel fabrics.
On reconsideration, the Department conducted a survey of JPS Apparel Corporation's additional customers (accounting for a meaningful portion of the subject firms customer base) regarding their purchases of spun filament greige woven apparel fabrics during 1999, 2000 and January through July 2001. The survey revealed that some respondents increased their reliance on imported (no meaningful imports from Canada or Mexico) spun filament greige woven apparel fabrics, contributing to the layoffs at the subject firm during the relevant period.
On reconsideration the Department further examined U.S. import data that was not available during the initial investigation. The import data shows that selected fabrics like or directly competitive with what the subject plant produced increased significantly during the relevant period. The industry data also depicts a meaningful increase in the import to shipment ratio of these products during the relevant period. However, aggregate U.S. imports from Canada and/or Mexico of selected fabrics like and directly competitive with what the subject plant produced remained relatively stable during the relevant period. The imports from Canada and/or Mexico are relatively low in relation to total aggregate U.S. imports.
Conclusion
After careful review of the additional facts obtained on reconsideration, I conclude that increased imports of articles like or directly competitive with spun and filament greige woven apparel fabrics, contributed importantly to the decline in sales or production and to the total or partial separation of workers of JPS Apparel Corporation, Greenville, South Carolina (TA-W-39,632), South Boston, Virginia (TA-W-39,632A), New York, New York (TA-W-39,632B), and Laurens, South Carolina (TA-W-39,632C). In accordance with the provisions of the Act, I make the following revised determination:
"All workers of JPS Apparel Corporation, Greenville, South Carolina (TA-W-39,632), South Boston, Virginia (TA-W-39,632A), New York, New York (TA-W-39,632B), and Laurens, South Carolina (TA-W-39,632C) who became totally or partially separated from employment on or after July 16, 2000, through two years from the date of this issuance, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974"; and
After reconsideration, I affirm the original notice of negative determination of eligibility to apply for NAFTA-TAA under Section 250 of the Trade Act of 1974 for workers and former workers of JPS Apparel Corporation, Greenville, South Carolina (NAFTA-5059), South Boston, Virginia (NAFTA-5059A), New York, New York (NAFTA-5059B), and Laurens, South Carolina (NAFTA-5059C).
Signed in Washington, D.C. this 30th day of November 2001.
/s/ Edward A. Tomchick
______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,632
JPS APPAREL FABRICS CORPORATION
GREENVILLE, SOUTH CAROLINA
AND
TA-W-39,632A SOUTH BOSTON, VIRGINIA
TA-W-39,632B NEW YORK, NEW YORK
TA-W-39,632C LAURENS, SOUTH 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 July 16, 2001, in response to a petition filed by the company on behalf of workers at JPA Apparel Fabrics Corporation, Greenville, South Carolina, South Boston, Virginia, New York, New York and Laurens, South Carolina. The workers were engaged in the production of spun and filament greige woven apparel fabric.
The investigation revealed that criterion (3) has not been met.
The subject firm does not import spun and filament greige woven apparel fabric.
The U.S. Department of Labor conducted a survey of major customers of the subject firm regarding their purchases of spun and filament greige woven apparel fabric in 1999, 2000, January to July 2000 and January to July 2001. Results of the survey indicated that customers did not import the product subject of this investigation during the relevant periods.
A petition for eligibility for NAFTA-Transitional Adjustment Assistance has been filed on behalf of the same group of workers at the subject firm, NAFTA-5059.
Conclusion
After careful review, I determine that all workers of JPS Apparel Fabrics Corporation, Greenville, South Carolina, South Boston, Virginia, New York, New York and Laurens, South Carolina, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 21st day of August, 2001.
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of Trade Adjustment Assistance