Petitioner Type: Workers
Impact Date: 09/24/2003
Filed Date: 09/27/2004
Most Recent Update: 10/25/2004
Determination Date: 10/25/2004
Expiration Date: 01/19/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,691
ROYAL HOME FASHIONS
PLANT NO. 6
HENDERSON, NORTH CAROLINA
Notice of Revised Determination
on Reconsideration
By application of November 22, 2004, 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) and Alternative Trade Adjustment Assistance
(ATAA). The denial notice was signed on October 25, 2004 and
published in the Federal Register on November 12, 2004 (69 FR
65462).
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 Royal Home
Fashions, Plant No. 6, Henderson, North Carolina engaged in
production of bedding (sheets, pillow cases, comforters, shams,
etc.) was denied because it was determined that the declines in
employment at the subject firm were predominantly caused by
unrelated to imports circumstances.
The petitioner alleges that the petitioning group of workers
was in direct support of the Royal Home Fashions manufacturing
facilities known as Plant No.4 and Plant No.2 in Henderson, North
Carolina. The workers of these facilities were certified
eligible for TAA on July 15, 2004 and August 24, 2004
respectively.
A company official was contacted to verify whether workers
at the subject facility were performing services for Plant No.4
and Plant No.2 during the relevant period. The company official
stated that the subject facility serves as a distribution and
warehousing facility and is in direct support of production for
Plants No.2 and No.4 in Henderson, North Carolina.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for alternative trade adjustment assistance (ATAA) for
older workers of Royal Home Fashions, Plant No. 6, Henderson, North
Carolina.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been
met. The investigation revealed that the work performed by the
petitioning group are easily transferable to other positions in the
commuting area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with articles produced by Royal Home
Fashions, Henderson, North Carolina contributed importantly to the
total or partial separation of workers and to the decline in sales
or production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of the Royal Home Fashions, Plant 6, Henderson,
North Carolina who became totally or partially separated
from employment on or after September 24, 2003 through two
years from the date of this certification, are eligible to
apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974"
Signed at Washington, D.C., this 19th day of January, 2005
/s/ Elliott S. Kushner
_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,691
ROYAL HOME FASHIONS
PLANT NO. 6
HENDERSON, NORTH CAROLINA
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated in response to a petition
received on September 27, 2004, and filed on behalf of workers at
Royal Home Fashions, Plant No. 6, Henderson, North Carolina. The
workers were involved in the production of bedding (sheets, pillow
cases, comforters, shams, etc.).
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
The investigation revealed that declines in employment at
Plant No. 6 were predominantly caused by the subject firm moving
its warehousing and distribution operations from the subject
facility to a new warehouse/distribution facility a relatively
short distance away.
Increased imports of bedding from offshore locations have not
adversely impacted employment at the warehouse/distribution
facilities because those facilities are used to warehouse and
distribute goods imported from foreign countries as well goods
produced in the United States.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Royal
Home Fashions, Plant No. 6, Henderson, North Carolina, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 25th day of October 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-55,691
ROYAL HOME FASHIONS
PLANT NO. 6
HENDERSON, NORTH CAROLINA
Notice of Revised Determination
on Reconsideration
By application of November 22, 2004, 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) and Alternative Trade Adjustment Assistance
(ATAA). The denial notice was signed on October 25, 2004 and
published in the Federal Register on November 12, 2004 (69 FR
65462).
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 Royal Home
Fashions, Plant No. 6, Henderson, North Carolina engaged in
production of bedding (sheets, pillow cases, comforters, shams,
etc.) was denied because it was determined that the declines in
employment at the subject firm were predominantly caused by
unrelated to imports circumstances.
The petitioner alleges that the petitioning group of workers
was in direct support of the Royal Home Fashions manufacturing
facilities known as Plant No.4 and Plant No.2 in Henderson, North
Carolina. The workers of these facilities were certified
eligible for TAA on July 15, 2004 and August 24, 2004
respectively.
A company official was contacted to verify whether workers
at the subject facility were performing services for Plant No.4
and Plant No.2 during the relevant period. The company official
stated that the subject facility serves as a distribution and
warehousing facility and is in direct support of production for
Plants No.2 and No.4 in Henderson, North Carolina.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for alternative trade adjustment assistance (ATAA) for
older workers of Royal Home Fashions, Plant No. 6, Henderson, North
Carolina.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been
met. The investigation revealed that the work performed by the
petitioning group are easily transferable to other positions in the
commuting area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with articles produced by Royal Home
Fashions, Henderson, North Carolina contributed importantly to the
total or partial separation of workers and to the decline in sales
or production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of the Royal Home Fashions, Plant 6, Henderson,
North Carolina who became totally or partially separated
from employment on or after September 24, 2003 through two
years from the date of this certification, are eligible to
apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974"
Signed at Washington, D.C., this 19th day of January, 2005
/s/ Elliott S. Kushner
_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,691
ROYAL HOME FASHIONS
PLANT NO. 6
HENDERSON, NORTH CAROLINA
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated in response to a petition
received on September 27, 2004, and filed on behalf of workers at
Royal Home Fashions, Plant No. 6, Henderson, North Carolina. The
workers were involved in the production of bedding (sheets, pillow
cases, comforters, shams, etc.).
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
The investigation revealed that declines in employment at
Plant No. 6 were predominantly caused by the subject firm moving
its warehousing and distribution operations from the subject
facility to a new warehouse/distribution facility a relatively
short distance away.
Increased imports of bedding from offshore locations have not
adversely impacted employment at the warehouse/distribution
facilities because those facilities are used to warehouse and
distribute goods imported from foreign countries as well goods
produced in the United States.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Royal
Home Fashions, Plant No. 6, Henderson, North Carolina, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 25th day of October 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance