Petitioner Type: Company
Impact Date: 11/12/2003
Filed Date: 11/15/2004
Most Recent Update: 12/16/2004
Determination Date: 12/16/2004
Expiration Date: 12/16/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,005
LL EAST, INC.
VERNON, CALIFORNIA
TA-W-56,005A
LL EAST, INC.
SPRINGVILLE, UTAH
Determinations 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 November 15, 2004, in
response to a petition filed by a company official on behalf of
workers of LL East, Inc., Vernon, California and Springville, Utah.
The workers of the firm produced T-shirts, underwear, and
sweatshirts.
With respect to workers of the firm in Vernon, California
producing T-shirts, underwear, and sweatshirts, it has been
determined that the requirements of (a)(2)(A) of Section 222 have
have been met.
The investigation revealed that sales, production, and
employment at the California location decreased absolutely upon its
closure in December 2003.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of T-shirts, underwear, and
sweatshirts from 2002 to 2003. The survey revealed increases in
import purchases.
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 for workers of LL East, Inc., Vernon, California.
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.
With respect to workers at LL East, Inc., Springville, Utah,
the investigation determined that the firm did not produce an
article or employ a worker group during the relevant time period.
A worker group means that the firm must have at least 3 full-time
workers during the year preceding the TAA petition filing date.
The subject firm did not meet this threshold level.
The petitioner also requested ATAA for workers of LL East,
Inc., in Springville, Utah.
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 of LL East, Inc., Springville, Utah, are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with those produced by LL East, Inc.,
Vernon, California, contributed importantly to the total or partial
separation of workers and to the decline in sales or production and
at that firm or subdivision. In accordance with the provisions of
the Act, I make the following certification:
"All workers of LL East, Inc., Vernon, California, who became
totally or partially separated from employment on or after
November 12, 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."
I further determine that workers of LL East, Inc.,
Springville, Utah, are denied eligibility to apply for 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 16th day of December, 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance