Petitioner Type: Company
Impact Date: 05/08/2004
Filed Date: 05/03/2004
Most Recent Update: 06/03/2004
Determination Date: 06/03/2004
Expiration Date: 06/03/2006
Employment and Training Administration
TA-W-54,833
BAYER CLOTHING GROUP, INC.
CLEARFIELD, PENNSYLVANIA
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 May 3, 2004 in response
to a petition filed by the company on behalf of workers at Bayer
Clothing Group, Inc., Clearfield, Pennsylvania. The workers at
the subject firm produced suits and pants.
The investigation revealed that sales and employment at the
subject firm declined during the relevant period.
The investigation revealed that the subject firm increased
its reliance on imports of suits and pants 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 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 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 increases of imports of articles
like or directly competitive with products produced by the
subject firm or subdivision contributed importantly to the total
or partial separation of workers and to the decline in sales or
production and at that firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Bayer Clothing Group, Inc., Clearfield,
Pennsylvania who became totally or partially separated from
employment on or after May 3, 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 3rd day of June, 2004.
/s/ Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance