DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,343

KENNETH COLE SERVICES, INC.
A DIVISION OF KENNETH COLE PRODUCTIONS, INC.
SECAUCUS, NEW JERSEY

Negative Determination 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 investigation was initiated on February 24, 2004 in
response to a petition filed by a State agency representative, on
behalf of workers of Kenneth Cole Services, Inc., a Division of
Kenneth Cole Productions, Inc., Secaucus, New Jersey. The workers
performed warehousing, as well as wholesale and retail distribution
services, of products manufactured abroad.
The investigation revealed that the petitioning workers of
Kenneth Cole Services, Inc., a division of Kenneth Cole
Productions, Inc., Secaucus, New Jersey, do not produce an article
within the meaning of Section 222 of the Act. In order to be
considered eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, the worker group seeking
certification (or on whose behalf certification is being sought)
must work for a "firm" or appropriate subdivision that produces an
article and there must be a relationship between the workers' work
and the article produced by the workers' firm or appropriate
subdivision. The warehouse/distribution workers described above do
not support a firm or appropriate subdivision that produces an
article domestically and thus the worker group cannot be considered
import impacted or affected by a shift in production of an article.
In addition, in accordance with Section 246 of 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 worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.


Conclusion
After careful review, I determine that all workers of Kenneth
Cole Services, Inc., a division of Kenneth Cole Productions, Inc.,
Secaucus, New Jersey 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 in Washington, D. C. this 10th day of May 2004

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance