DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,295

TNS MILLS
SPARTANBURG, SOUTH CAROLINA

Notice of Negative Determination
Regarding Application for Reconsideration

By application post marked on February 4, 2002, a
petitioner, 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
December 31, 2001 and published in the Federal Register on
January 11, 2002 (67 FR 1510).
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 TNS Mills,
Spartanburg, South Carolina engaged in the production of greige
bottom-weight cotton rich apparel fabrics, was denied because the
"contributed importantly" group eligibility requirement of
Section 222(3) of the Trade Act of 1974, as amended, was not met.
The "contributed importantly" test is generally demonstrated
through a survey of the workers' firm's customers. The
Department conducted a survey of the subject company's major
customers regarding their purchases of greige bottom-weight
cotton rich apparel fabrics. The survey revealed that none of
the customers increased their import purchases of greige bottom-
weight cotton rich apparel fabrics during the relevant period.
The petitioner alleges that price and illegal imports are
factors leading to the downturn in the textile industry. The
petitioner further states that studies done by the North Carolina
State University show this.
As noted above, the Department of Labor normally examines if
the "contributed importantly" test is met through a survey of the
workers' firm's customers. A review of the survey results shows
that the customers did not increase their imports of greige
bottom-weight cotton rich apparel fabrics during the relevant
period.
In reference to petitioner's allegation concerning price,
the price of a product is not relevant to meeting the
"contributed importantly" criterion of the Trade Act of 1974.


Further, studies such as those by the North Carolina State
University are considered, however the Department puts the
overwhelming majority of weight on the direct impact of imports
on the subject firm by the use of customer surveys to test if
the "contributed importantly" test is met.
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 30th day of April, 2002.
/s/ Edward A. Tomchick
_______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,295

TNS MILLS
SPARTANBURG, 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 October 29, 2001 in
response to a petition filed on behalf of workers at TNS Mills,
Inc., Spartanburg, South Carolina. The workers produce greige
botton-weight cotton rich apparel fabrics.




The investigation revealed that criterion (3) has not been
met.
The United States Department of Labor conducted a survey of
the subject firm=s customers regarding their purchases of fabric
like or directly competitive with the articles produced by the
subject firm. None of the respondents increased import purchases
while reducing purchases from the subject firm.
Conclusion
After careful review, I determine that all workers at TNS
Mills, Inc., Spartanburg, 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 31st day of December, 2001


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