DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,926

ANVIL KNITWEAR, INC.
KINGS MOUNTAIN, NORTH CAROLINA

Notice of Revised Determination
On Remand

The United States Court of International Trade (USCIT)
granted the Secretary of Labor's motion for voluntary remand for
further investigation of the negative determination in Former
Employees of Anvil Knitwear, Inc. v. U.S. Secretary of Labor
(Court No. 02-00153).
The Department's initial denial of the petition for
employees of Anvil Knitwear, Inc., Kings Mountain, North Carolina
was issued on December 4, 2001 and published in the Federal
Register on December 26, 2001 (66 Fed. Reg. 66428). The denial
was based on the fact that criterion (3) of the Group Eligibility
Requirements of Section 222 of the Trade Act of 1974, as amended,
was not met. Imports did not contribute importantly to worker
separations at the subject firm.
On remand, the Department obtained new information and
clarification from the company regarding the internal flow of the
fabrics produced by the subject plant.
New data supplied by the company show that the overwhelming
majority of the fabric produced by the subject plant was shipped
to an affiliated plant, Anvil Knitwear, Mullins, South Carolina.
The Mullins plant incorporated the subject plant's fabric into
knit tops and was certified for Trade Adjustment Assistance on
April 13, 2001, under TA-W-38,829. The subject plant's fabrics
were an integral part of Mullins knit top production.
Conclusion
After careful review of the additional facts obtained on
remand, I conclude that there were increased imports of articles
like or directly competitive with those produced by the subject
firm that contributed importantly to the worker separations and
sales or production declines at the subject facility. In
accordance with the provisions of the Trade Act, I make the
following certification:
"All workers of Anvil Knitwear, Inc., Kings Mountain, North
Carolina who became totally or partially separated from
employment on or after August 3, 2000, through two years
from the issuance of this revised determination, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974."
Signed at Washington, D.C. this 14th day of January 2003.

/s/ Edward A. Tomchick
______
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,926

ANVIL KNITWEAR, INC.
KINGS MOUNTAIN, 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 separat-
ed;

(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 September 4, 2001 in
response to a petition filed on behalf of all workers at Anvil
Knitwear, Inc., Kings Mountain, North Carolina. The workers are
engaged in employment related to the production of fabric.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the majority of the subject
plant's production was for the export market. Loss of export
sales, and production declines associated with that loss, cannot
be used as a basis for certification of this worker group.
Conclusion
After careful review, I determine that all workers of Anvil
Knitwear, Inc., Kings Mountain, North Carolina, are denied eligi-
bility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.

Signed in Washington, D.C. this 4th day of December, 2001.


/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment