Spectrum Yarns, Inc., Kings Mountain, NC; Notice of Revised Determination on Reconsideration, 75847 [E5-7605]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 70, Number 244 (Wednesday, December 21, 2005)]
[Notices]
[Page 75847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7605]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-58,013]


Spectrum Yarns, Inc., Kings Mountain, NC; Notice of Revised 
Determination on Reconsideration

    By application of November 8, 2005 a company official 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 21, 2005 and published in the Federal Register on 
November 9, 2005 (70 FR 68099).
    The TAA petition, filed on behalf of workers at Spectrum Yarns, 
Inc., Kings Mountain, North Carolina, engaged in production of dyed 
yarns was denied because criteria 3(A) and 3(B) were not met. The 
negative determination was based on the findings that job losses at the 
subject firm were not attributed to the subject firm losing business as 
a supplier to a firm that shifted production abroad or was affected by 
increased imports.
    In the request for reconsideration, the petitioner provided 
additional information regarding the products manufactured at the 
subject facility. Upon further investigation on reconsideration, it was 
revealed that workers of the subject firm produce the spun polyester 
poly blend dyed yarn; they are separately identifiable from other 
workers of the subject firm. It was further revealed that employment 
and sales of the spun polyester poly blend dyed yarn decreased during 
the relevant time period.
    The company official provided a list of the subject firm's 
customers, and requested an investigation of a secondary impact on the 
subject firm as an upstream supplier in the textile industry. A review 
of the new facts has determined that the workers of the subject firm 
may qualify as eligible for TAA on the basis of a secondary upstream 
supplier impact.
    Having conducted an investigation of subject firm workers on the 
basis of secondary impact, it was revealed that Spectrum Yarns, Inc., 
Kings Mountain, North Carolina, supplied spun polyester poly blend dyed 
yarn that were used in the production of textile fabrics and other 
textile products, and a loss of business with domestic manufacturers 
(whose workers were certified eligible to apply for adjustment 
assistance) contributed importantly to the workers separation or threat 
of separation.
    In accordance with section 246 the Trade Act of 1974 (26 U.S.C. 
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.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the group eligibility requirements of section 246 of 
the Trade Act must be met. The Department has determined in this case 
that the requirements of section 246 have been met.
    A significant number of workers at the firm are age 50 or over and 
possess skills that are not easily transferable. Competitive conditions 
within the industry are adverse.

Conclusion

    After careful review of the facts obtained in the investigation, I 
determine that workers of Spectrum Yarns, Inc., Kings Mountain, North 
Carolina, engaged in production of spun polyester poly blend dyed yarn 
qualify as adversely affected secondary workers under section 222 of 
the Trade Act of 1974, as amended. In accordance with the provisions of 
the Act, I make the following certification:

    All workers of Spectrum Yarns, Inc., Kings Mountain, North 
Carolina, engaged in production of spun polyester poly blend dyed 
yarn, who became totally or partially separated from employment on 
or after July 30, 2005, 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
    All workers of Spectrum Yarns, Inc., Kings Mountain, North 
Carolina, who became totally or partially separated from employment 
on or after September 19, 2004, through two years from the date of 
this certification, are eligible to apply for alternative trade 
adjustment assistance under section 246 of the Trade Act of 1974.

    Signed at Washington, DC, this 12th day of December, 2005.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-7605 Filed 12-20-05; 8:45 am]
BILLING CODE 4510-30-P