Petitioner Type: Company
Impact Date: 04/28/2003
Filed Date: 05/06/2004
Most Recent Update: 06/09/2004
Determination Date: 06/09/2004
Expiration Date: 06/09/2006
Employment and Training Administration
TA-W-54,854
KENTUCKY APPAREL, LLP
TOMPKINSVILLE, KENTUCKY
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, 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.
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)(B) of
Section 222 have been met.
The investigation was initiated May 6, 2004 in response to a
petition filed by the company on behalf of workers at Kentucky
Apparel, LLP, Tompkinsville, Kentucky. The workers produce jeans.
The investigation revealed that the subject firm shifted
production of jeans from Tompkinsville, Kentucky to Mexico 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 conclude that there were layoffs and a shift in
production from the subject firm to Mexico of articles that are
like or directly competitive with the articles produced by the
subject firm. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Kentucky Apparel, LLP, Tompkinsville, Kentucky
who became totally or partially separated from employment on
or after April 28, 2003, through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223, and alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 9th day of June, 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance