Petitioner Type: Company
Impact Date: 05/06/2003
Filed Date: 05/13/2004
Most Recent Update: 05/17/2004
Determination Date: 05/17/2004
Expiration Date: 05/17/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,907
PONSLEEP PRODUCTS, INC.
COMPTON, CALIFORNIA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 13, 2004 in response to
a petition filed by a company official on behalf of workers of
Ponsleep Products, Inc., Compton, California. The workers produce
infant bedding products.
The investigation revealed that sales of the subject firm
declined in January through April, 2004 compared with the same
period one year ago. Workers are threatened with separations.
The Department of Labor surveyed major customers of the
subject firm regarding their purchases of bedding products in 2002-
2003 and January to April, 2003-2004. Results of the survey
revealed decreased purchases from the subject firm and increased
imports.
In addition, 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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion #2 has not been
met.
The investigation revealed that workers skills are easily
transferable in the geographical area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with infant bedding products produced
at Ponsleep Products, Inc., Compton, California contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Ponsleep Products, Inc., Compton, California
who became totally or partially separated from employment on
or after May 6, 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."
I further determine that all workers of Ponsleep Products,
Inc., Compton, California are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed in Washington, D. C. this 17th day of May, 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance