[Federal Register: March 28, 2005 (Volume 70, Number 58)]
[Notices]               
[Page 15650-15651]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr05-74]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-55,175]

 
Levi Strauss and Company, Knoxville, TN; Notice of Revised 
Determination on Remand

    The United States Court of International Trade (USCIT) granted the 
Department's motion for voluntary remand for further investigation in 
Former Employees of Levi Strauss and Company v. U.S. Secretary of Labor 
(Court No. 04-00580).
    The Department's denial of the initial petition for Trade 
Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance 
(ATAA) was issued on July 27, 2004. The Notice of negative 
determination was published in the Federal Register on August 10, 2004 
(69 FR 48530). The denial was based on the finding that the subject 
worker group did not produce an article within the meaning of Section 
222(a)(2) of the Act and did not support production of an article by 
Levi Straus and Company, Knoxville, Tennessee or an appropriate 
subdivision of Levi Straus and Company.
    By letter dated August 27, 2004, the petitioner requested 
administrative reconsideration, contending that the workers supported a 
qualifying production facility: Levi Straus, Powell, Tennessee. Because 
the Department's questions to the subject company whether the subject 
workers supported any domestic production facility was responded in the 
negative, the Department affirmed the initial determination. On 
September 17, 2004, the Department denied the petitioner's request for 
reconsideration because no production occurred at Levi Strauss and 
Company, Powell, Tennessee during the twelve-month period prior to the 
petition date (April 15, 2004). The Department's Notice was published 
in the Federal Register on October 8, 2004 (69 FR 60430).
    By letter dated November 10, 2004, the petitioner filed an appeal 
with the USCIT, alleging that the subject worker group supported a TAA-
certified facility during the twelve-month period prior to the petition 
date of April 15, 2004: Levi Strauss and Company, San Antonio, Texas 
(TA-W-41,377E).
    In order to investigate the petitioner's new allegation, the 
Department filed a motion for voluntary remand. In an Order issued on 
January 20, 2005, the USCIT granted the Department's motion.
    The Department conducted a remand investigation in order to 
determine whether the subject worker group met the criteria set forth 
in the Trade Act of 1974 for TAA certification as primarily-affected 
workers. Section 222(a) of the Trade Act (19 U.S.C. 2272(a)) provides:

    A group of workers (including workers in any agricultural firm 
or subdivision of an agricultural firm) shall be certified by the 
Secretary as eligible to apply for adjustment assistance under this 
part pursuant to a petition filed under section 2271 of this title 
if the Secretary determines that--
    (1) 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; and
    (2)(A)(i) The sales or production, or both, of such firm or 
subdivision have decreased absolutely;
    (ii) Imports of articles like or directly competitive with 
articles produced by such firm or subdivision have increased; and
    (iii) The increase in imports described in clause (ii) 
contributed importantly to such workers' separation or threat of 
separation and to the decline in the sales or production of such 
firm or subdivision; or
    (B)(i) 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
    (ii)(I) 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;
    (II) 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
    (III) 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.

    During the remand investigation, the Department raised additional 
questions and obtained detailed supplemental responses from the 
company. In particular, the new information provided by two managers 
who worked at the subject facility and confirmed by the director of 
human resources located in Weston, Florida who is familiar with

[[Page 15651]]

the Knoxville, Tennessee operations, revealed that the subject worker 
group was engaged in activities which supported domestic subject 
company production, including the San Antonio, Texas facility.
    The Department also investigated whether Levi Strauss, San Antonio, 
Texas was TAA-certifiable during the relevant period. The investigation 
revealed that the San Antonio, Texas facility closed in January 2004 
and that increased company imports during the relevant period 
contributed importantly to the plant's closure and the worker group's 
separations.
    The Department has determined that all criteria regarding ATAA for 
the subject worker group have been met. A significant number or 
proportion of the worker group are age fifty years or over, the workers 
possess skills that are not easily transferable and competitive 
conditions within the garment industry are adverse.

Conclusion

    After careful review of the facts generated during the remand 
investigation, I determine that increased imports of articles like or 
directly competitive with those produced at the subject firm 
contributed importantly to the total or partial separation of workers 
at the subject facility. In accordance with the provisions of the Act, 
I make the following certification:

    All workers of Levi Strauss and Company, Knoxville, Tennessee, 
who became totally or partially separated from employment on or 
after April 15, 2003, through two years from the issuance of this 
revised determination, are eligible to apply for Trade 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 at Washington, DC, this 21st day of March, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-1347 Filed 3-25-05; 8:45 am]

BILLING CODE 4510-30-P