DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,038

SOSPENDERS, INC.
A SUBSIDIARY OF WATERMARK PADDLESPORTS, INC.
INCLUDING LEASED WORKERS OF AMERICAN STAFFING
FRUITLAND, IDAHO

Negative Determination 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, 19, 2004 in
response to a petition filed on behalf of workers at SOSpenders,
Inc., a subsidiary of Watermark Paddlesports, Inc., Fruitland,
Idaho. The workers at the subject facility produce inflatable
personal flotation devices. The subject facility leased workers
from American Staffing.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that SOSpenders did not import
inflatable personal flotation devices in 2002, 2003 or January
through October of 2004, nor did it shift production to a foreign
country.


Although the subject firm anticipates shutting down the
Fruitland facility, sales of the firm increased in terms of dollar
value during the period of January through October of 2004 compared
to the same period in 2003. A major customer to which SOSpenders
had recently lost sales was surveyed by the Department of Labor
regarding their purchasing of inflatable personal flotation devices
in the above periods. The survey revealed no imports in these
periods.
Separations at the Fruitland are related to the purchase of
assets of the company by another firm producing like products
domestically.
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 worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.


Conclusion
After careful review, I determine that all workers of
SOSpenders, Inc., a subsidiary of Watermark Paddlesports, Inc.,
including leased workers of American Staffing, Fruitland, Idaho are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 13th day of December 2004.

/s/ Richard Church

______________________________
Richard Church
Certifying Officer, Division of
Trade Adjustment Assistance