Petitioner Type: State
Impact Date: 12/16/2002
Filed Date: 12/30/2003
Most Recent Update: 04/27/2004
Determination Date: 04/27/2004
Expiration Date: 04/27/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,905
FINOTEX U.S.A. CORPORATION
MIAMI, FLORIDA
Determinations 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. 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; an
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 December 30, 2003 in
response to a petition filed by a State agency representative on
behalf of workers at Finotex U.S.A. Corporation, Miami, Florida.
The workers at the subject firm produce printed clothing labels.
The investigation was expanded to include workers who produce woven
clothing labels, label tape and workers engaged in cut and fold
activities related to the production of printed clothing labels.
It is determined in this case that the requirements of (a) (2)
(B) of Section 222 have been met for workers producing printed
clothing labels and label tape.
The investigation revealed that the preponderance in the
declines in employment at the subject facility is related to a
shift in production of printed clothing labels and tape labels to a
country (Honduras) that is a beneficiary country under the
Caribbean Basin Economic Recovery Act with the United States.
However, the investigation revealed that criteria (a) (2) (A)
(I.A) has not been met for workers engaged in cut and fold
activities related to the production of printed clothing labels and
workers producing woven clothing labels.
The investigation revealed that there was no significant
number or proportion of workers at the subject firm engaged in cut
and fold activities related to the production of printed clothing
labels and workers producing woven clothing labels that were
separated during 2002-2003.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Honduras, of articles that
are like or directly competitive with printed clothing labels and
label tape produced by the subject firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Finotex U.S.A. Corporation, Miami, Florida,
producing printed clothing labels and label tape, who became
totally or partially separated from employment on or after December
16, 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."
Furthermore, after careful review of the facts obtained in
this investigation, I determine that all workers of Finotex USA
Corporation, Miami, Florida, engaged in cut and fold activities
related to the production of printed clothing and workers producing
woven clothing labels are denied eligibility to apply for adjust-
ment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 27th day of April 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,905
FINOTEX U.S.A. CORPORATION
MIAMI, FLORIDA
Determinations 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. 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; an
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 December 30, 2003 in
response to a petition filed by a State agency representative on
behalf of workers at Finotex U.S.A. Corporation, Miami, Florida.
The workers at the subject firm produce printed clothing labels.
The investigation was expanded to include workers who produce woven
clothing labels, label tape and workers engaged in cut and fold
activities related to the production of printed clothing labels.
It is determined in this case that the requirements of (a) (2)
(B) of Section 222 have been met for workers producing printed
clothing labels and label tape.
The investigation revealed that the preponderance in the
declines in employment at the subject facility is related to a
shift in production of printed clothing labels and tape labels to a
country (Honduras) that is a beneficiary country under the
Caribbean Basin Economic Recovery Act with the United States.
However, the investigation revealed that criteria (a) (2) (A)
(I.A) has not been met for workers engaged in cut and fold
activities related to the production of printed clothing labels and
workers producing woven clothing labels.
The investigation revealed that there was no significant
number or proportion of workers at the subject firm engaged in cut
and fold activities related to the production of printed clothing
labels and workers producing woven clothing labels that were
separated during 2002-2003.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Honduras, of articles that
are like or directly competitive with printed clothing labels and
label tape produced by the subject firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Finotex U.S.A. Corporation, Miami, Florida,
producing printed clothing labels and label tape, who became
totally or partially separated from employment on or after December
16, 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."
Furthermore, after careful review of the facts obtained in
this investigation, I determine that all workers of Finotex USA
Corporation, Miami, Florida, engaged in cut and fold activities
related to the production of printed clothing and workers producing
woven clothing labels are denied eligibility to apply for adjust-
ment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 27th day of April 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance