Petitioner Type: State
Impact Date: 09/15/2003
Filed Date: 09/21/2004
Most Recent Update: 11/01/2004
Determination Date: 11/01/2004
Expiration Date: 11/01/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,639
MAXINE SWIM GROUP, INC.
LOS ANGELES, CALIFORNIA
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)(B) of Section 222 have been met.
The investigation was initiated on September 21, 2004 in
response to a petition filed by a State agency representative on
behalf of workers of Maxine Swim Group, Inc., Los Angeles,
California. Workers at the subject facility produce women's swim
wear.
The investigation revealed that employment at the subject
firm declined during the period of January through August 2004
when compared to the same period in 2003.
The investigation further revealed that the preponderance
of declines in employment is related to a shift in production to
China and Vietnam, and increased imports of women's swim wear by
the subject firm during the period under investigation.
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 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 subject facilities
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 that there was a shift in
production from the subject firm to China and Vietnam of
articles that are like or directly competitive with those
produced by the subject firm, and there has been or is likely to
be an increase in imports of like or directly competitive
articles. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Maxine Swim Group, Inc., Los Angeles,
California who became totally or partially separated from
employment on or after September 15, 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 1st day of November 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance