Petitioner Type: Company
Impact Date: 09/28/2002
Filed Date: 10/02/2003
Most Recent Update: 11/12/2003
Determination Date: 11/12/2003
Expiration Date: 11/12/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,120
DVDA INCORPORATED
NEW YORK, NEW YORK
TA-W-53,120A
D'ANGELIS DESIGNS INCORPORATED
NEW YORK, NEW YORK
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its 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)(A) of
Section 222 have been met.
The investigation was initiated on October 2, 2003, in
response to a petition filed on behalf of workers of DVDA Inc., New
York, New York (TA-W-53,120); and, D'Angelis Designs Inc., New
York, New York (TA-W-53,120A). Workers designed and produced
sweaters and sweater knit sportswear.
The investigation revealed that sales decreased in 2002
compared to 2001 and in January-May 2003 compared to the same
period in 2002. Layoffs occurred in May 2003.
The investigation further revealed that sweaters and sweater
knit sportswear produced by D'Angelis Designs Inc. and DVDA Inc.
are marketed through normal retail channels. Thus, the articles
manufactured by the subject firm have been impacted importantly by
the high penetration of imports into this market.
U.S. imports of women's and girls' sweaters increased
relatively in the twelve month period ended March 2003 compared to
the twelve month period ended March 2002. In the twelve month
period ended March 2003, the ratio of imports to U.S. shipments
exceeded 576%.
U.S. imports of men's and boys' sweaters increased absolutely
in 2002 compared to 2001 and in the twelve month period ended March
2003 compared to the twelve month period ended March 2002. In the
twelve month period ended March 2003, the ratio of imports to U.S.
shipments exceeded 1615%.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with sweaters and sweater knit
sportswear produced at DVDA Inc., New York, New York; and,
D'Angelis Designs Inc., New York, New York contributed importantly
to the total or partial separation of workers and to the decline in
sales or production at that firm or subdivision. In accordance with
the provisions of the Act, I make the following certification:
"All workers of DVDA Inc., New York, New York (TA-W-53,120)
and D'Angelis Designs Inc., New York, New York (TA-W-
53,120A) who became totally or partially separated from
employment on or after September 28, 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, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D. C. this 12th day of November, 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance