DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,030

NEW ERA CAP
BUFFALO FACILITY
BUFFALO, NEW YORK

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 June 4, 2004, in
response to a petition filed on behalf of workers of New Era
Cap, Buffalo Facility, Buffalo, New York. The workers were
engaged in the production of caps (i.e. baseball caps).
The investigation revealed that employment declined from
2002 to 2003. Furthermore sales and employment declined from
January through May 2004 when compared to the same time period
in 2003.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of caps. The survey
revealed that customers increased their import purchases during
the relevant time 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 with the production of caps (i.e.
baseball caps) produced by New Era Cap, Buffalo Facility,
Buffalo, New York, 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 New Era Cap, Buffalo Facility, Buffalo, New
York who became totally or partially separated from
employment on or after May 25, 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 13th day of July 2004.


/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance