Petitioner Type: Workers
Impact Date:
Filed Date: 09/28/2001
Most Recent Update: 01/04/2002
Determination Date: 01/04/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,128
TNS MILLS INCORPORATED
EUFALA PLANT
EUFALA, ALABAMA
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 subdi-vision have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or appro-priate 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 28, 2001 in response to a petition filed on behalf of workers at TNS Mills, Inc., Eufala Plant, Eufala, Alabama. The workers produced ring spun carded cotton yarn for intracompany production of apparel fabrics and for the sales yarn market.
The investigation revealed that criterion (3) has not been met.
U.S. imports of cotton twills and sateens decreased in the second quarter of 2001 compared to the second quarter of 2000. In the second quarter 2001, the ratio of these U.S. imports to manufacturer's shipments in the same category was 48.8%.
In 2000, the ratio of U.S. imports of spun yarn, 85% or more cotton, carded was 7.0%.
The Department surveyed the major declining customers of TNS Mills, Inc. regarding their purchases of greige bottom-weight cotton rich apparel fabrics during 1999, 2000 and January-June 2001. The survey revealed that one of the respondents which accounted for a very small percentage of the subject firm's decline in sales in 2000 compared to 1999 increased its purchases of ring spun carded cotton weaving yarn both from foreign firms and from other domestic firms wholly manufactured in a foreign country while decreasing their purchases of ring spun carded cotton weaving yarn in January-June 2001.
The Department surveyed the major declining customers of TNS Mills, Inc. regarding their purchases of ring spun carded cotton yarn during 1999, 2000 and January-June 2001. The survey revealed that none of the respondents increased their purchases of imports while decreasing their purchases from the subject firm during the relevant period.
Conclusion
After careful review, I determine that all workers of TNS Mills, Inc., Eufala Plant, Eufala, Alabama are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 4th day of January 2002
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,128
TNS MILLS INCORPORATED
EUFALA PLANT
EUFALA, ALABAMA
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 subdi-vision have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or appro-priate 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 28, 2001 in response to a petition filed on behalf of workers at TNS Mills, Inc., Eufala Plant, Eufala, Alabama. The workers produced ring spun carded cotton yarn for intracompany production of apparel fabrics and for the sales yarn market.
The investigation revealed that criterion (3) has not been met.
U.S. imports of cotton twills and sateens decreased in the second quarter of 2001 compared to the second quarter of 2000. In the second quarter 2001, the ratio of these U.S. imports to manufacturer's shipments in the same category was 48.8%.
In 2000, the ratio of U.S. imports of spun yarn, 85% or more cotton, carded was 7.0%.
The Department surveyed the major declining customers of TNS Mills, Inc. regarding their purchases of greige bottom-weight cotton rich apparel fabrics during 1999, 2000 and January-June 2001. The survey revealed that one of the respondents which accounted for a very small percentage of the subject firm's decline in sales in 2000 compared to 1999 increased its purchases of ring spun carded cotton weaving yarn both from foreign firms and from other domestic firms wholly manufactured in a foreign country while decreasing their purchases of ring spun carded cotton weaving yarn in January-June 2001.
The Department surveyed the major declining customers of TNS Mills, Inc. regarding their purchases of ring spun carded cotton yarn during 1999, 2000 and January-June 2001. The survey revealed that none of the respondents increased their purchases of imports while decreasing their purchases from the subject firm during the relevant period.
Conclusion
After careful review, I determine that all workers of TNS Mills, Inc., Eufala Plant, Eufala, Alabama are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 4th day of January 2002
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance