Petitioner Type: Workers
Impact Date:
Filed Date: 09/28/2001
Most Recent Update: 01/02/2002
Determination Date: 01/02/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,131
LEVCOR INTERNATIONAL, INC.
NEW YORK, NEW YORK
Notice of Negative Determination
Regarding Application for Reconsideration
By application of January 29, 2001, the company, requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on January 2,
2002 and published in the Federal Register on January 11, 2002
(67 FR 1511).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, filed on behalf of workers at Levcor
International, Inc. engaged in the production of fabric for
apparel, was denied because the criterion (2) of the group
eligibility requirement was not met. Sales at the subject firm
did not decline during the relevant period.
The company alleges that sales at the subject firm decreased
during the relevant period. The company further indicated that
the most recent sales figures they provided include figures from
a company they acquired during the most recent period. The
company further indicated that by extracting out those sales
figures, subject plant sales would show a decline during the
relevant period.
Examination of sales data supplied during the initial
investigation and clarification from the company further supports
the original decision that sales increased during the relevant
period.
Based on further information provided during reconsideration
it became evident that the workers were not engaged in production
of an article, fabric. Workers instead, only performed sales and
administrative functions during the relevant period.
The subject workers do not produce an article within the
meaning of Section 222(3) of the Act.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decisions. Accordingly, the
application is denied.
Signed at Washington, D.C., this 22nd day of March, 2002.
/s/ Edward A. Tomchick
_______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,131
LEVCOR INTERNATIONAL
PARADOY FABRICS DIVISION AND
ANDREY KNITS DIVISION
NEW YORK, NEW YORK
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 Levcor
International, New York, New York. The workers produced fabric
for the production of apparel.
The investigation revealed that criterion (2) has not been
met.
The investigation revealed that sales did not decline
between 1999 and 2000, and between January-June 2001 as compared
to the same period in 2000. The subject firm reported that the
quantity of their imports are negligible.
Conclusion
After careful review, I determine that all workers of Levcor
International, New York, New York are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C. this 2nd day of January, 2002
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,131
LEVCOR INTERNATIONAL, INC.
NEW YORK, NEW YORK
Notice of Negative Determination
Regarding Application for Reconsideration
By application of January 29, 2001, the company, requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on January 2,
2002 and published in the Federal Register on January 11, 2002
(67 FR 1511).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, filed on behalf of workers at Levcor
International, Inc. engaged in the production of fabric for
apparel, was denied because the criterion (2) of the group
eligibility requirement was not met. Sales at the subject firm
did not decline during the relevant period.
The company alleges that sales at the subject firm decreased
during the relevant period. The company further indicated that
the most recent sales figures they provided include figures from
a company they acquired during the most recent period. The
company further indicated that by extracting out those sales
figures, subject plant sales would show a decline during the
relevant period.
Examination of sales data supplied during the initial
investigation and clarification from the company further supports
the original decision that sales increased during the relevant
period.
Based on further information provided during reconsideration
it became evident that the workers were not engaged in production
of an article, fabric. Workers instead, only performed sales and
administrative functions during the relevant period.
The subject workers do not produce an article within the
meaning of Section 222(3) of the Act.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decisions. Accordingly, the
application is denied.
Signed at Washington, D.C., this 22nd day of March, 2002.
/s/ Edward A. Tomchick
_______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,131
LEVCOR INTERNATIONAL
PARADOY FABRICS DIVISION AND
ANDREY KNITS DIVISION
NEW YORK, NEW YORK
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 Levcor
International, New York, New York. The workers produced fabric
for the production of apparel.
The investigation revealed that criterion (2) has not been
met.
The investigation revealed that sales did not decline
between 1999 and 2000, and between January-June 2001 as compared
to the same period in 2000. The subject firm reported that the
quantity of their imports are negligible.
Conclusion
After careful review, I determine that all workers of Levcor
International, New York, New York are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C. this 2nd day of January, 2002
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance