Petitioner Type: Company
Impact Date:
Filed Date: 08/20/2001
Most Recent Update: 11/27/2001
Determination Date: 11/27/2001
Expiration Date:
Employment and Training Administration
TA-W-39,880
TUSCARORA YARNS
JAMES C. FRY PLANT
KINSTON, 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 eligibility 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 August 20, 2001 in response to a petition filed by the company on behalf of workers at Tuscarora Yarns, James C. Fry Plant, Kinston, North Carolina. The workers produced 100 percent carded cotton open-end heather yarns.
The investigation revealed that criterion (3) has not been met.
Tuscarora Yarns, James C. Fry Plant, Kinston, North Carolina does not import like or directly competitive articles to those produced at the Kinston plant.
The U.S. Department of Labor conducted a survey of major customers of Tuscarora Yarns, James C. Fry Plant, Kinston, North Carolina, regarding their purchases of 100 percent carded cotton open-end heather yarns in 1999, 2000, and January through June of 2000 and 2001. None of the respondents reported any imports of like or directly competitive articles to those produced at the Kinston plant.
Conclusion
After careful review, I determine that all workers of Tuscarora Yarns, James C. Fry Plant, Kinston, 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 27th day of November 2001
/s/ Linda G. Poole
____________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance