Petitioner Type: Company
Impact Date: 11/05/2003
Filed Date: 11/08/2004
Most Recent Update: 12/07/2004
Determination Date: 12/07/2004
Expiration Date: 12/07/2006
Employment and Training Administration
TA-W-55,952
CMD APPAREL, LLC
DETROIT, ALABAMA
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), 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 November 8, 2004, in
response to a petition filed by a company official on behalf of
workers at CMD Apparel, LLC, Detroit, Alabama. The workers at the
subject firm cut and distribute men's pants.
The investigation revealed that production and employment will
decline absolutely when the facility closes in December of 2004.
Furthermore, the investigation revealed that imports of men's
pants by an affiliated firm have increased during the relevant
period.
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 the workers at the subject
firm possess skills that are easily transferable.
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 men's pants produced by the
subject firm contributed importantly to the total or partial
separation of workers and to the decline in sales or production at
that firm. In accordance with the provisions of the Act, I make
the following certification:
"All workers of CMD Apparel, LLC, Detroit, Alabama who became
totally or partially separated from employment on or after
November 5, 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
I further determine that all workers of CMD Apparel, LLC,
Detroit, Alabama 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 7th day of December 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance