[Federal Register Volume 69, Number 206 (Tuesday, October 26, 2004)]
[Notices]
[Pages 62464-62465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2843]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-53,798]


Mohican Mills, Inc., Lincolnton, NC; Notice of Revised 
Determination on Remand

    The United States Court of International Trade (USCIT) granted the 
Secretary of Labor's motion for voluntary remand for further 
investigation of the negative determination in Former Employees of 
Mohican Mills, Inc. v. U.S. Secretary of Labor (Court No. 04-00255).
    The Department's denial of the initial petition (filed on December 
11, 2003) was issued on February 2, 2004. The Notice of determination 
was published in the Federal Register (69 FR 11891) on March 12, 2004. 
The denial was based on the facts that imports of warp knit fabric did 
not contribute importantly to worker separations at the subject firm 
and that the subject firm did not shift production abroad during the 
relevant time period.
    By letter dated February 22, 2004, the petitioner requested 
administrative reconsideration, alleging that workers producing lace 
are separately identifiable from workers producing other types of warp 
knit fabric. The Notice of Affirmative Determination Regarding 
Application for Reconsideration was issued on April 16, 2004, and 
published in the Federal Register on April 30, 2004 (69 FR 23818).
    A Negative Determination on Reconsideration was issued on May 7, 
2004, and published in the Federal Register on May 24, 2004 (69 FR 
29580). During the reconsideration investigation, the Department found 
that lace is a type of warp knit fabric, that lace production 
constitute a small percentage of subject firm production, and that lace 
workers are not separately identifiable from other warp knit fabric 
producers. A new customer survey was not conducted since the survey 
appeared to be adequate.
    By letter dated June 24, 2004, the petitioner filed an appeal with 
the USCIT, alleging that lace is a product distinct from other types of 
warp knit fabric, that lace production constituted about 20% to 25% of 
overall production, and that lace workers are separately identifiable 
from workers producing other types of warp knit fabric.
    On August 16, 2004, the USCIT remanded the matter to the Department 
for further investigation.

[[Page 62465]]

    During the remand investigation, the Department confirmed that 
while lace is a distinct type of warp knit fabric, workers producing 
lace are not separately identifiable from workers producing other types 
of warp knit fabric.
    The Department conducted an expanded sample survey of the subject 
firm's major declining customers regarding purchases of warp knit 
fabric, circular knit fabrics and lace knit fabric during the relevant 
period. The survey revealed that a meaningful portion of the 
respondents increased their reliance on imports during the relevant 
period.
    Workers at the subject firm possess skills that are not easily 
transferable to jobs in the local commuting area and at least five 
percent of the workers at the subject firm is at least fifty years of 
age. Competitive conditions within the industry are adverse.

Conclusion

    After careful review of the additional facts obtained on remand, I 
conclude that there were increased imports of articles like or directly 
competitive with those produced by the subject firm that contributed 
importantly to the worker separations and sales or production declines 
at the subject facility. In accordance with the provisions of the Trade 
Act, I make the following certification:

    All workers of Mohican Mills, Inc., Lincolnton, North Carolina 
who became totally or partially separated from employment on or 
after December 11, 2002, through two years from the issuance of this 
revised determination, are eligible to apply for adjustment 
assistance under Section 223 of the Trade Act of 1974, and are 
eligible to apply for alternative trade adjustment assistance under 
Section 246 of the Trade Act of 1974.

    Signed in Washington, DC, this 13th day of October 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E4-2843 Filed 10-25-04; 8:45 am]
BILLING CODE 4510-30-P