Petitioner Type: Company
Impact Date:
Filed Date: 10/15/2002
Most Recent Update: 11/21/2002
Determination Date: 11/21/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-42,235
THE DESIGN ROOM of CATTIVA, INC.
NEW YORK, NEW YORK
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
filed by the UNITE, Local 10, on behalf of workers at the Design
Room of Cattiva, Inc., New York, New York. The workers performed
design and sample making of silk dresses.
The investigation revealed that the workers of the Design Room
of Cattiva, Inc., New York, New York do not produce an article
within the meaning of Section 222(3) of the Act. The Department of
Labor has consistently determined that the performance of services
does not constitute production of an article, as required by
Section 222 of the Trade Act of 1974, and this determination has
been upheld in the U. S. Court of Appeals.
Workers of the subject facility may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm otherwise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject facility.
Conclusion
After careful review, I determine that all workers of the
Design Room of Cattiva, Inc., New York, New York are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D. C. this 21st day of November 2002
/s/Richard Church
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-42,235
THE DESIGN ROOM of CATTIVA, INC.
NEW YORK, NEW YORK
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
filed by the UNITE, Local 10, on behalf of workers at the Design
Room of Cattiva, Inc., New York, New York. The workers performed
design and sample making of silk dresses.
The investigation revealed that the workers of the Design Room
of Cattiva, Inc., New York, New York do not produce an article
within the meaning of Section 222(3) of the Act. The Department of
Labor has consistently determined that the performance of services
does not constitute production of an article, as required by
Section 222 of the Trade Act of 1974, and this determination has
been upheld in the U. S. Court of Appeals.
Workers of the subject facility may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm otherwise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject facility.
Conclusion
After careful review, I determine that all workers of the
Design Room of Cattiva, Inc., New York, New York are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D. C. this 21st day of November 2002
/s/Richard Church
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance