Petitioner Type: Company
Impact Date:
Filed Date: 06/17/2002
Most Recent Update: 09/03/2002
Determination Date: 09/03/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,687
NEXT DAY APPAREL
A DIVISION OF OXFORD INDUSTRIES, INC.
WALHALLA, 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.
The investigation was initiated in response to a petition
received on June 17, 2002, and filed by a company official on
behalf of all workers at Next Day Apparel, A Division of Oxford
Industries, Inc., Walhalla, South Carolina. The workers provide
warehousing, packing and distribution of garments produced by
offshore factories.
The investigation revealed that the workers of Next Day
Apparel, A Division of Oxford Industries, Inc., Walhalla, South
Carolina, do not produce an article within the meaning of Section
222(3) of the Act. The Department of Labor has consistently
determined that the performance of services does not constitute
production of an article, as required by Section 222 of the Trade
Act of 1974, and this determination has been upheld in the U. S.
Court of Appeals. Workers of the subject firm may be certified
only if their separation was caused importantly by a reduced
demand for their services from a parent firm, a firm otherwise
related to the subject firm by ownership, or a firm related by
control. Additionally, the reduction in demand for services must
originate at a production facility whose workers independently
meet the statutory criteria for certification and the reduction
must directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject firm.
Conclusion
After careful review, I determine that all workers of Next
Day Apparel, A Division of Oxford Industries, Inc., Walhalla,
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 3rd day of September 2002.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-41,687
NEXT DAY APPAREL
A DIVISION OF OXFORD INDUSTRIES, INC.
WALHALLA, 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.
The investigation was initiated in response to a petition
received on June 17, 2002, and filed by a company official on
behalf of all workers at Next Day Apparel, A Division of Oxford
Industries, Inc., Walhalla, South Carolina. The workers provide
warehousing, packing and distribution of garments produced by
offshore factories.
The investigation revealed that the workers of Next Day
Apparel, A Division of Oxford Industries, Inc., Walhalla, South
Carolina, do not produce an article within the meaning of Section
222(3) of the Act. The Department of Labor has consistently
determined that the performance of services does not constitute
production of an article, as required by Section 222 of the Trade
Act of 1974, and this determination has been upheld in the U. S.
Court of Appeals. Workers of the subject firm may be certified
only if their separation was caused importantly by a reduced
demand for their services from a parent firm, a firm otherwise
related to the subject firm by ownership, or a firm related by
control. Additionally, the reduction in demand for services must
originate at a production facility whose workers independently
meet the statutory criteria for certification and the reduction
must directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject firm.
Conclusion
After careful review, I determine that all workers of Next
Day Apparel, A Division of Oxford Industries, Inc., Walhalla,
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 3rd day of September 2002.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance