TAW-55681 / Jennifer Kay, Inc./California Waves (Los Angeles, CA)
Petitioner Type: State
Impact Date: 09/20/2003
Filed Date: 09/24/2004
Most Recent Update: 10/13/2004
Determination Date: 10/13/2004
Expiration Date: 10/13/2006
Employment and Training Administration
TA-W-55,681
JENNIFER KAY, INC.
D/B/A CALIFORNIA WAVES, ENDLESS SUN, SIZZLE BEACH, PINK SANDS
AND NATIVE WAVES DIVISIONS
LOS ANGELES, 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, 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 on September 24, 2004, in
response to a petition filed by a State agency representative on
behalf of workers of Jennifer Kay, Inc., D/B/A California Waves,
Endless Sun, Sizzle Beach, Pink Sands and Native Waves
Divisions, Los Angeles, California. The workers produce
swimwear.
The investigation revealed that employment declined at the
subject firm from January through September 2004 over the
corresponding 2003 period.
The preponderance in the declines in employment at the
subject firm is related to a shift in plant production of
swimwear to Mexico, a country with a Free Trade Agreement with
the United States.
In addition, in accordance with Section 246 of 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 the workers possess skills
that are easily transferable to other positions.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with swimwear produced by the
subject firm or subdivision. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Jennifer Kay, Inc., D/B/A California Waves,
Endless Sun, Sizzle Beach, Pink Sands and Native Waves
Divisions, Los Angeles, California who became totally or
partially separated from employment on or after September
20, 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 Jennifer Kay, Inc.,
D/B/A California Waves, Endless Sun, Sizzle Beach, Pink
Sands and Native Waves Divisions, Los Angeles, California
are denied eligibility for Alternative Trade Adjustment
Assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 13th day of October, 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance