Petitioner Type: Workers
Impact Date:
Filed Date: 06/03/2003
Most Recent Update: 07/11/2003
Determination Date: 07/11/2003
Expiration Date:
Employment and Training Administration
TA-W-51,929
LESPORTSAC
MANUFACTURING AND DISTRIBUTION DIVISION
STEARNS, KENTUCKY
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), the Department of Labor herein presents the results of
an investigation regarding certification of eligibility to apply
for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, can be satisfied in either of two
ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. 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;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. 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;
B. 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
C. One of the following must be satisfied:
1. 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;
2. 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
3. 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.
The investigation was initiated on June 3, 2003 in response to
a petition filed on behalf of workers of LeSportsac, Manufacturing
and Distribution Division, Stearns, Kentucky. The workers of the
subject facility produce luggage and women's handbags.
The investigation revealed that criteria (a) (2) (A) (I.B) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that sales and production of
luggage and women's handbags increased during the period of
February through May of 2003, when compared to the same period in
2002.
Moreover, the subject facility did not shift production of
luggage and women's handbags to a foreign country during the
relevant period.
Conclusion
After careful review, I determine that all workers of
LeSportsac, division of Manufacturing and Distribution, Stearns,
Kentucky are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 11th day of July, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance