Petitioner Type: Company
Impact Date: 12/27/2002
Filed Date: 11/26/2002
Most Recent Update: 12/12/2002
Determination Date: 12/12/2002
Expiration Date: 12/12/2004
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,186
DON SHAPIRO INDUSTRIES, INC.
DOING BUSINESS AS ACTION WEST
BAXTER INTERNATIONAL CORPORATION
EL PASO, TEXAS
Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor issued a
Certification of Eligibility to Apply for Worker Adjustment
Assistance on December 12, 2002, applicable to workers of Don
Shapiro Industries, Inc., doing business as Action West, located
in El Paso, Texas. The notice was published in the Federal
Register on January 9, 2003 (68 FR 1201).
At the request of petitioners, the Department reviewed the
certification for workers of Action West in El Paso, Texas. New
information obtained from the company, shows that on November 7,
2003, Baxter International Corporation acquired the employees and
certain assets of the subject firm at the El Paso, Texas
location. Some workers have been subsequently separated from
employment with Baxter International Corporation.
It is the Department’s intent to cover all workers of the
firm impacted by increased imports. Accordingly, the Department
is amending the certification to expand coverage to workers of
the successor firm, Baxter International Corporation.
The amended notice applicable to TA-W-50,186 is hereby
issued as follows:
"All workers of Don Shapiro Industries, Inc., doing business
as Action West, currently known as Baxter Industries
Corporation, El Paso, Texas, who became totally or partially
separated from employment on or after December 27, 2002,
through December 12, 2004, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."
Signed in Washington, D.C., this 27th day of April, 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,186
DON SHAPIRO INDUSTRIES, INC.
D\B\A ACTION WEST
EL PASO, TEXAS
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(B) of Section 222 have been met.
The investigation was initiated in response to a petition
received on November 26, 2002 and filed on behalf of workers at
Don Shapiro Industries, Inc., d\b\a Action West, El Paso, Texas.
The workers produce ladies’ apparel.
The preponderance in the declines in employment at the subject
plant is related to a shift in plant production of ladies’ apparel
to a country (Mexico) that is a party to a free trade agreement
with the United States.
The workers at the subject plant are under an existing Trade
Adjustment Assistance and NFATA-Transitional Adjustment Assistance
certifications (NAFTA-04318 and TA-W-38,316) which expire on
December 26, 2002.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production
from the workers firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the
subject firm or subdivision. In accordance with the provisions of
the Act, I make the following certification:
"All workers of Don Shapiro Industries, Inc., d\b\a Action
West, El Paso, Texas who became totally or partially
separated from employment on or after December 27, 2002
through two years from the date of certification are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, as amended."
Signed in Washington, D.C. this 12th day of December 2002.
/s/Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-50,186
DON SHAPIRO INDUSTRIES, INC.
DOING BUSINESS AS ACTION WEST
BAXTER INTERNATIONAL CORPORATION
EL PASO, TEXAS
Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor issued a
Certification of Eligibility to Apply for Worker Adjustment
Assistance on December 12, 2002, applicable to workers of Don
Shapiro Industries, Inc., doing business as Action West, located
in El Paso, Texas. The notice was published in the Federal
Register on January 9, 2003 (68 FR 1201).
At the request of petitioners, the Department reviewed the
certification for workers of Action West in El Paso, Texas. New
information obtained from the company, shows that on November 7,
2003, Baxter International Corporation acquired the employees and
certain assets of the subject firm at the El Paso, Texas
location. Some workers have been subsequently separated from
employment with Baxter International Corporation.
It is the Department’s intent to cover all workers of the
firm impacted by increased imports. Accordingly, the Department
is amending the certification to expand coverage to workers of
the successor firm, Baxter International Corporation.
The amended notice applicable to TA-W-50,186 is hereby
issued as follows:
"All workers of Don Shapiro Industries, Inc., doing business
as Action West, currently known as Baxter Industries
Corporation, El Paso, Texas, who became totally or partially
separated from employment on or after December 27, 2002,
through December 12, 2004, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."
Signed in Washington, D.C., this 27th day of April, 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,186
DON SHAPIRO INDUSTRIES, INC.
D\B\A ACTION WEST
EL PASO, TEXAS
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(B) of Section 222 have been met.
The investigation was initiated in response to a petition
received on November 26, 2002 and filed on behalf of workers at
Don Shapiro Industries, Inc., d\b\a Action West, El Paso, Texas.
The workers produce ladies’ apparel.
The preponderance in the declines in employment at the subject
plant is related to a shift in plant production of ladies’ apparel
to a country (Mexico) that is a party to a free trade agreement
with the United States.
The workers at the subject plant are under an existing Trade
Adjustment Assistance and NFATA-Transitional Adjustment Assistance
certifications (NAFTA-04318 and TA-W-38,316) which expire on
December 26, 2002.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production
from the workers firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the
subject firm or subdivision. In accordance with the provisions of
the Act, I make the following certification:
"All workers of Don Shapiro Industries, Inc., d\b\a Action
West, El Paso, Texas who became totally or partially
separated from employment on or after December 27, 2002
through two years from the date of certification are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, as amended."
Signed in Washington, D.C. this 12th day of December 2002.
/s/Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance