Petitioner Type: State
Impact Date: 11/01/2003
Filed Date: 11/15/2004
Most Recent Update: 12/17/2004
Determination Date: 12/17/2004
Expiration Date: 12/17/2004
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,004
ACME CUTTING AND SEWING, INCORPORATED
CHATSWORTH, 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 (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 15, 2004 in
response to a petition filed by a State agency representative on
behalf of workers at Acme Cutting and Sewing, Incorporated,
Chatsworth, California. The workers produce women's apparel; they
are not separately identifiable by product line.
The investigation revealed declines in sales, production and
employment at Acme Cutting and Sewing, Incorporated, Chatsworth,
California during the period of January through October 2004 when
compared to the same period in 2003.
The investigation further revealed that the subject firm
increased its imports of women's apparel during the period of
January through October 2004 when compared to the same period in
2003.
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 affected workers possess
skills that are easily transferable in the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with women's apparel produced by Acme
Cutting and Sewing, Incorporated, Chatsworth, California
contributed importantly to the total or partial separation of
workers and to the declines in sales or production at that firm.
In accordance with the provisions of the Act, I make the following
certification:
"All workers of Acme Cutting and Sewing, Incorporated,
Chatsworth, California who became totally or partially
separated from employment on or after November 1, 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 Acme Cutting and
sewing, Incorporated, Chatsworth, California 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 17th day of December 2004
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance