Petitioner Type: Workers
Impact Date: 12/07/2003
Filed Date: 12/16/2004
Most Recent Update: 01/05/2005
Determination Date: 01/05/2005
Expiration Date: 12/05/2007
Employment and Training Administration
TA-W-56,221
TIEN-HU KNITTING COMPANY (US) INC.
OAKLAND, CALIFORNIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, 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 December 16, 2004, in
response to a petition filed on behalf of workers at Tien-Hu
Knitting Company (US), Inc., Oakland, California. The workers are
engaged in the production of sweaters.
The investigation revealed that production and employment at
the subject firm declined from 2002 to 2003 and from January
through November 2004, when compared to the same period of 2003.
The investigation further revealed that the subject firm
increased its imports of sweaters during the relevant period.
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 addition, 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.
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.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of articles
like or directly competitive with products produced by the subject
firm or subdivision contributed importantly to the total or partial
separation of workers and to the decline in sales or production at
that firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Tien-Hu Knitting Company (US), Inc., Oakland,
California, who became totally or partially separated from
employment on or after December 7, 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."
Signed in Washington, D.C., this 5th day of January, 2005.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance