NT 10-K
SEC 1344
2-2002)
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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 12b-25
SEC FILE NUMBER: 0-5680
CUSIP NUMBER: 121362107
NOTIFICATION OF LATE FILING
(Check One): X Form 10-K Form 20-F Form 11-K Form 10-Q
Form N-SAR
For Period Ended: December 29, 2001
[ ] Transition Report on Form 10-K
[ ] Transition Report on Form 20-F
[ ] Transition Report on Form 11-K
[ ] Transition Report on Form 10-Q
[ ] Transition Report on Form N-SAR
For the Transition Period Ended: December 29, 2001
Read Instruction (on back page) Before Preparing Form. Please Print or Type.
Nothing in this form shall be construed to imply that the Commission has
verified any information contained herein.
If the notification relates to a portion of the filing checked above, identify
the Item(s) to which the notification relates: 10K 2001
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PART I -- REGISTRANT INFORMATION
BURKE MILLS, INC. (I.R.S. Employer Identification No. 56-0506342)
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Full Name of Registrant
N/A
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Former Name if Applicable
191 Sterling Street, N.W.
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Address of Principal Executive Office (Street and Number)
Valdese, NC 28690
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City, State and Zip Code
PART II -- RULES 12b-25(b) AND (c)
If the subject report could not be filed without unreasonable effort or expense
and the registrant seeks relief pursuant to Rule 12b-25(b), the following should
be completed. (Check box if appropriate)
X (a) The reasons described in reasonable detail in Part III of this form
could not be eliminated without unreasonable effort or expense;
X (b) The subject annual report, semi-annual report, transition report on Form
10-K, Form 20-F,11-K or Form N-SAR, or portion thereof, will be filed on or
before the fifteenth calendar day following the prescribed due date; or the
subject quarterly report of transition report on Form 10-Q, or portion thereof
will be filed on or before the fifth calendar day following the prescribed due
date; and
X (c) The accountant's statement or other exhibit required by Rule 12b-25(c)
has been attached if applicable. (SEE EXHIBIT I)
PART III -- NARRATIVE
State below in reasonable detail the reasons why Forms 10-K, 20-F, 11-K, 10-Q,
N-SAR, or the transition report portion thereof, could not be filed within the
prescribed time period.(Attach Extra Sheets if Needed):
Final financial information and reports related to Fytek, S.A. de C.V., the
company's joint venture in Mexico, have not been released and approved for use
by Price Waterhouse Coopers.
PART IV--OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification:
Ronald D.Nicholson 828 - 879-7103
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(Name) (Area Code) (Telephone Number)
(2) Have all other periodic reports required under Section 13 or 15(d) of the
Securities Exchange Act of 1934 or Section 30 of the Investment Company Act of
1940 during the preceding 12 months or for such shorter period that the
registrant was required to file such report(s) been filed? If answer is no,
identify report(s). X Yes No
--- ---
(3) Is it anticipated that any significant change in results of operations from
the corresponding period for the last fiscal year will be reflected by the
earnings statements to be included in the subject report or portion thereof?
Yes X No
--- ---
If so, attach an explanation of the anticipated change, both narratively and
quantitatively, and, if appropriate, state the reasons why a reasonable estimate
of the results cannot be made.
BURKE MILLS, INC.
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(Name of Registrant as Specified in Charter)
has caused this notification to be signed on its behalf by the undersigned
hereunto duly authorized.
Date: March 27, 2002 By: s/Ronald D. Nicholson
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Chief Financial Officer
INSTRUCTION: The form may be signed by an executive officer of the registrant of
by any other duly authorized representative. The name and title of the person
signing the form shall be typed or printed beneath the signature. If the
statement is signed on behalf of the registrant by an authorized representative
(other than an executive officer), evidence of the representative's authority to
sign on behalf of the registrant shall be filed with the form.
ATTENTION
International misstatements or omissions of fact constitute Federal
Criminal Violations (See 18 U.S.C. 1001).
General Instructions
1. This form is required by Rule 12b-25 (17 CFR 240.12b-25) of the General Rules
and Regulations under the Securities Exchange Act of 1934.
2. One signed original and four conformed copies of this form and amendments
thereto must be completed and filed with the Securities and Exchange Commission,
Washington, D.C. 20549, in accordance with Rule0-3 of the General Rules and
Regulations under the Act. The information contained in or filed with the form
will be made a matter of public record in the Commission files.
3. A manually signed copy of the form and amendments thereto shall be filed with
each national securities exchange on which any class of securities of the
registrant is registered.
4. Amendments to the notifications must also be filed on form 12b-25 but need
not restate information that has been correctly furnished. The form shall be
clearly identified as an amended notification.
5. Electronic filers. This form shall not be used by electronic filers unable to
timely file a report solely due to electronic difficulties. Filers unable to
submit a report within the time period prescribed due to difficulties in
electronic filing should comply with either Rule 201 or Rule 202of Regulation
S-T (ss.232.201 or ss.232.202 of this chapter) or apply for an adjustment in
filing date pursuant to Rule 13(b) of Regulation S-T (ss.232.13(b) of this
Chapter).
EXHIBIT I
March 28, 2002
Mr. Ron Nicholson
Burke Mills, Inc.
P.O. Box 190
Valdese, NC 28690
REF: FYTEK YEAR-END RESULTS/REPORTING
Dear Mr. Nicholson:
This will confirm that we are in the process of finalizing the accounts for
Fytek, S.A. de C.V., your equity investment in Mexico. Such accounts are being
prepared on a U.S. GAAP basis and in U.S. dollars. We expect to have these
accounts completed prior to the expiration of the extension you will be
requesting from the Securities and Exchange Commission.
Do not hesitate to contact me in Mexico City should you have any questions.
Regards,
s/Tino Montero
Tino Montero
Price Waterhouse Coopers
e-mail: faustino.montero@us.pwcglobal.com