[Federal Register: February 17, 2004 (Volume 69, Number 31)]
[Notices]
[Page 7511-7512]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17fe04-117]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-53,419, TA-W-53,419A, and TA-W-53,419B]
Encee, Inc., Eden, North Carolina, Kannapolis, North Carolina,
Smithfield, North Carolina; Notice of Revised Determination on
Reconsideration
By letter dated December 10, 2003, the company requested
administrative reconsideration regarding the
[[Page 7512]]
Department's Negative Determination Regarding Eligibility to Apply for
Trade Adjustment Assistance and Alternative Trade Adjustment
Assistance, applicable to the workers of the subject firms.
The initial investigation resulted in a negative determination
issued on November 19, 2003, was based on the finding that the workers
did not produce a product under the meaning of section 222 of the Act.
The denial notice was published in the Federal Register on December 29,
2003 (68 FR 74978).
To support the request for reconsideration, the company supplied
additional information to supplement that which was gathered during the
initial investigation. The company indicated that Encee, Inc. is a
wholly owned subsidiary division of Pillowtex Corporation. The
petitioner further stated that functions of workers of Encee, Inc.,
Eden, North Carolina (TA-W-53,419), Kannapolis, North Carolina (TA-W-
53,419A) and Smithfield, North Carolina (TA-W-53,419B) were dedicated
to support activities at an existing trade-certified facility of
Pillowtex Corporation.
An analysis of the information supplied by the company on their
request for reconsideration revealed that the worker separations at the
subject facilities were caused by a reduced demand for their services
from a parent firm, whose workers produce an article and who are
currently under certification for Trade Adjustment Assistance (TA-W-
52,559). The investigation further revealed that employment at the
subject facilities declined absolutely during the relevant period.
A review of the submitted documents revealed that at least five
percent of the workforce at the subject facilities is at least fifty
years of age and that the workers possess skills that are not easily
transferable. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that increased imports of articles like or
directly competitive with those produced at an affiliated TAA certified
firm contributed importantly to the declines in the total or partial
separation of workers at the subject firm. In accordance with the
provisions of the Act, I make the following certification:
All workers of Encee, Inc., Eden, North Carolina (TA-W-53,419),
Encee, Inc. Kannapolis, North Carolina (TA-W-53,419A) and Encee,
Inc., Smithfield, North Carolina (TA-W-53,419B), who became totally
or partially separated from employment on or after October 24, 2002
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 also eligible to apply for alternative trade
adjustment assistance under section 246 of the Trade Act of 1974.
Signed in Washington, DC, this 26th day of January 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-3318 Filed 2-13-04; 8:45 am]
BILLING CODE 4510-30-P