Petitioner Type: Company
Impact Date:
Filed Date: 11/18/2003
Most Recent Update: 01/07/2004
Determination Date: 01/07/2004
Expiration Date:
Employment and Training Administration
TA-W-53,558
RED WING SHOE COMPANY
POTOSI MANUFACTURING PLANT
CUT TO FIT DIVISION
POTOSI, MISSOURI
TA-W-53,558A
RED WING SHOE COMPANY
POTOSI MANUFACTURING PLANT
LAST TO PACK DIVISION
POTOSI, MISSOURI
Determinations 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, 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 November 18, 2003 in
response to a petition filed by a company official on behalf of
workers of Red Wing Shoe Company, Potosi Manufacturing Plant, Cut
to Fit Division, Potosi, Missouri (TA-W-53,558) and Last to Pack
Division (TA-W-53,558A), also located in Potosi, Missouri. Workers
of the Cut to Fit Division produce the upper section of work boots.
Workers of the Last to Pack Division are engaged in the final
assembly of work boots. The workers are separately identifiable
between the two Divisions.
It is determined in this case that with respect to the workers
of the Cut and Fit Division, the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation revealed that employment and production at
the Cut to Fit Division declined during the period of January
through October 2003 compared to the same period in 2002.
Company imports of the upper section of work boots increased
during the above period.
In addition, 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 the case of the Cut to Fit
Division that the requirements of Section 246 have been met.
A significant number of workers at the division are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
With respect to workers of the Last to Pack Division, it has
been determined that Criteria (I.A) and (II.A) have not been met.
The investigation revealed that there was no employment
decline at the Last to Pack Division from January to October 2003
compared to the same time period in 2002.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers of the Last to Pack Division are denied eligibility to
apply for TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Red Wing Shoe Company,
Potosi Manufacturing Plant, Cut to Fit Division, Potosi, Missouri
(TA-W-53,558) qualify as adversely affected secondary workers under
Section 222 of the Trade Act of 1974, as amended. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Red Wing Shoe Company, Potosi Manufacturing
Plant, Cut to Fit Division, Potosi, Missouri (TA-W-53,558) 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."
Furthermore, I determine that all workers of Red Wing Shoe
Company, Potosi Manufacturing Plant, Last to Pack Division, Potosi,
Missouri (TA-W-53,558A) are denied eligibility to apply for
adjustment assistance under section 223 of the Trade Act of 1974,
and are also denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed at Washington, D.C., this 7th day of January 2004
/s/Richard Church
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RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance