Petitioner Type: Company
Impact Date: 11/05/2002
Filed Date: 11/07/2003
Most Recent Update: 12/04/2003
Determination Date: 12/04/2003
Expiration Date: 12/04/2005
Employment and Training Administration
TA-W-53,468
LF BRANDS, INC.
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, 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 November 7, 2003 in response to a petition filed by a company official on behalf of workers at LF Brands, Inc., New York, New York. The workers produce women’s dresses and sportswear.
Employment at the New York plant has declined, and the subject firm has shift production to a country (Guatemala and El Salvador) that is a beneficiary country under the Caribbean Basin Economic Recovery Act.
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 conclude that there were layoffs and a shift in production from the subject firm to Guatemala and El Salvador of articles that are like or directly competitive with the articles produced by the subject firm. In accordance with the provisions of the Act, I make the following certification:
“All workers of LF Brands, Inc., New York, New York, who became totally or partially separated from employment on or after November 5, 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 4th day of December 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance