Petitioner Type: State
Impact Date: 10/15/2002
Filed Date: 10/17/2003
Most Recent Update: 10/24/2003
Determination Date: 10/24/2003
Expiration Date: 10/24/2005
Employment and Training Administration
TA-W-53,281
AMERICAN MARKETING INDUSTRIES, INC.
DUNBROOKE DIVISION
INDEPENDENCE, MISSOURI
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 17, 2003 in
response to a petition filed by the Missouri Division of Workforce
Development on behalf of workers at American Marketing Industries,
Inc., Dunbrooke Division, Independence, Missouri. The workers were
engaged in employment related to the production of outerwear
jackets.
The investigation revealed that sales, production and
employment at the subject firm decreased during the period of the
investigation.
The investigation revealed that the subject firm increased
their imports of outerwear jackets during the relevant period.
In addition, 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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been
met.
The investigation revealed that the skills of the worker
group are easily transferable to other positions in the local
area.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of outerwear
jackets produced at American Marketing Industries, Inc., Dunbrooke
Division, Independence, Missouri 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 American Marketing Industries, Inc.,
Dunbrooke Division, Independence, Missouri, who became totally or
partially separated from employment on or after October 15, 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."
I further determine that all workers of American Marketing
Industries, Inc., Dunbrooke Division, Independence, Missouri are
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C., this 24th day of October 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance