Petitioner Type: State
Impact Date: 07/23/2002
Filed Date: 07/24/2003
Most Recent Update: 08/22/2003
Determination Date: 08/22/2003
Expiration Date: 08/22/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,382
CAPITAL MERCURY APPAREL, LTD
MAR-BAX SHIRT COMPANY DIVISION
ARK MANAGEMENT CONSULTANTS
GASSVILLE, ARKANSAS
Amended Certification 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 issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance on August
22, 2003, applicable to workers of Capital Mercury Apparel, Ltd,
Mar-Bax Shirt Company Division, Gassville, Arkansas. The notice
was published in the Federal Register on September 17, 2003 (68
FR 54498).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of men’s woven dress and sports
shirts.
New information shows that some workers separated from
employment at the subject firm had their wages reported under a
separate unemployment insurance (UI) tax account for Ark
Management Consultants.
Accordingly, the Department is amending the certification to
properly reflect this matter.
The intent of the Department’s certification is to include
all workers of Capital Mercury Apparel, Ltd, Mar-Bax Shirt
Company Division, Ark Management Consultants, Gassville,
Arkansas, who were adversely affected by a shift in production to
Mexico.
The amended notice applicable to TA-W-52,382 is hereby
issued as follows:
"All workers of Capital Mercury Apparel, Ltd., Mar-Bax
Shirt Company Division, Ark Management Consultants,
Gassville, Arkansas, who became totally or partially
separated from employment on or after July 23, 2002,
through August 22, 2005, are eligible to apply for
adjustment assistance under Section 223 of the Trade
Act of 1974."
Signed at Washington, D.C. this 16th day of April 2004.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,382
CAPITAL MERCURY APPAREL, LTD
MAR-BAX SHIRT COMPANY DIVISION
GASSVILLE, ARKANSAS
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 on July 24, 2003 in response
to a petition filed by an authorized State of Arkansas
representative on behalf of workers of Capital Mercury Apparel,
Ltd., Mar-Bax Shirt Company Division, Gassville, Arkansas. Workers
produce men’s woven dress and sports shirts.
The investigation revealed employment and production declined
at the subject facility during the relevant time period.
The investigation also revealed that the company shifted
subject plant production to Mexico during the relevant period.
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 Capital Mercury Apparel, Ltd., Mar-Bax Shirt
Company Division, Gassville, Arkansas who became totally or
partially separated from employment on or after July 23, 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 22nd day of August 2003.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-52,382
CAPITAL MERCURY APPAREL, LTD
MAR-BAX SHIRT COMPANY DIVISION
ARK MANAGEMENT CONSULTANTS
GASSVILLE, ARKANSAS
Amended Certification 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 issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance on August
22, 2003, applicable to workers of Capital Mercury Apparel, Ltd,
Mar-Bax Shirt Company Division, Gassville, Arkansas. The notice
was published in the Federal Register on September 17, 2003 (68
FR 54498).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of men’s woven dress and sports
shirts.
New information shows that some workers separated from
employment at the subject firm had their wages reported under a
separate unemployment insurance (UI) tax account for Ark
Management Consultants.
Accordingly, the Department is amending the certification to
properly reflect this matter.
The intent of the Department’s certification is to include
all workers of Capital Mercury Apparel, Ltd, Mar-Bax Shirt
Company Division, Ark Management Consultants, Gassville,
Arkansas, who were adversely affected by a shift in production to
Mexico.
The amended notice applicable to TA-W-52,382 is hereby
issued as follows:
"All workers of Capital Mercury Apparel, Ltd., Mar-Bax
Shirt Company Division, Ark Management Consultants,
Gassville, Arkansas, who became totally or partially
separated from employment on or after July 23, 2002,
through August 22, 2005, are eligible to apply for
adjustment assistance under Section 223 of the Trade
Act of 1974."
Signed at Washington, D.C. this 16th day of April 2004.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,382
CAPITAL MERCURY APPAREL, LTD
MAR-BAX SHIRT COMPANY DIVISION
GASSVILLE, ARKANSAS
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 on July 24, 2003 in response
to a petition filed by an authorized State of Arkansas
representative on behalf of workers of Capital Mercury Apparel,
Ltd., Mar-Bax Shirt Company Division, Gassville, Arkansas. Workers
produce men’s woven dress and sports shirts.
The investigation revealed employment and production declined
at the subject facility during the relevant time period.
The investigation also revealed that the company shifted
subject plant production to Mexico during the relevant period.
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 Capital Mercury Apparel, Ltd., Mar-Bax Shirt
Company Division, Gassville, Arkansas who became totally or
partially separated from employment on or after July 23, 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 22nd day of August 2003.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance