Petitioner Type: State
Impact Date: 02/26/2003
Filed Date: 03/08/2004
Most Recent Update: 03/15/2004
Determination Date: 03/15/2004
Expiration Date: 03/15/2006
Employment and Training Administration
TA-W-54,433
NIGHT FASHION, INC.
LOS ANGELES, CALIFORNIA
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 (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 March 8, 2004 and filed by
a state agent representative on behalf of workers at Night Fashion,
Inc., Los Angeles, California. The workers produce bridal and
evening dresses; they are not separately identifiable by product
line.
The investigation revealed that employment and sales declined
at the subject firm from 2002 to 2003.
The investigation also revealed that company imports of bridal
and evening dresses increased during the relevant period.
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 determine that increases of imports of articles
like or directly competitive produced at the subject firm
contributed importantly to the total or partial separation of
workers and to the decline in sales and production at that firm.
In accordance with the provisions of the Act, I make the following
certification:
"All workers of Night Fashion, Inc., Los Angeles, California,
engaged in employment related to the production of bridal and
evening dresses who became totally or partially separated from
employment on or after February 26, 2003 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 15th day of March 2004.
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance