Petitioner Type: State
Impact Date: 06/21/2003
Filed Date: 06/21/2004
Most Recent Update: 07/15/2004
Determination Date: 07/15/2004
Expiration Date: 01/11/2007
Employment and Training Administration
TA-W-55,108
COSOM SPORTING GOODS, INC.
THOROFARE, NEW JERSEY
Notice of Revised Determination
on Reconsideration
On August 25, 2004, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The Notice
was published in the Federal Register on September 8, 2004
(69 FR 54318).
The Department initially denied Trade Adjustment Assistance
(TAA) to workers of Cosom Sporting Goods, Inc., Thorofare, New
Jersey due to the lack of increased imports and the absence of
production shift abroad during the relevant period. The initial
investigation found that the subject company was purchased by
another company and that all production was shifted domestically.
During the reconsideration investigation, the Department
requested additional information from the subject company and
conducted a new customer survey. The survey revealed increased
customer reliance upon imports during the relevant period.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department 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 there were increased imports of
articles that are like or directly competitive with those produced
by the subject firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Cosom Sporting Goods, Inc., Thorofare, New
Jersey who became totally or partially separated from
employment on or after June 21, 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 11th day of January 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division
of Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,108
COSOM SPORTING GOODS, INC
THOROFARE, NEW JERSEY
Negative Determination 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on June 21, 2004 in response
to a petition filed by a state representative on behalf of workers
at Cosom Sporting Goods, Inc., Thorofare, New Jersey. The workers
produce plastic sporting goods; they are not separately
identifiable.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) were not met.
Imports of plastic sporting goods by the subject firm have not
increased during the relevant period. The investigation also
revealed that the subject firm did not shift production abroad.
Cosom Sporting Goods, Inc., Thorofare, New Jersey has been
purchased by another firm and all production will be shifted
domestically.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that workers of Cosom
Sporting Goods, Thorofare, New Jersey are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also denied eligibility 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 July 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance