Petitioner Type: State
Impact Date: 12/21/2003
Filed Date: 12/27/2004
Most Recent Update: 02/09/2005
Determination Date: 02/09/2005
Expiration Date: 02/09/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,249
SPINNERIN DYE LLC
INCLUDING LEASED WORKERS AT TEMPO, NET2STAFF, AND BRICKFORCE
SOUTH HACKENSACK, NEW JERSEY
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 27, 2005, in
response to a petition filed by a company official on behalf of
workers of Spinnerin Dye LLC, South Hackensack, New Jersey. The
workers produced dyed garments.
The investigation revealed that sales, production and
employment decreased in the relevant period.
The Department conducted a survey of the major customers of
the subject firm regarding their purchases of dyed garments in 2003
and 2004. The survey revealed increased its purchases from foreign
firms while decreasing purchases from the subject firm in 2004
compared to 2003.
Information provided by the company shows leased workers of
Tempo, Net2Staff and Brickforce were engaged in production at the
Spinnerin Dye LLC, South Brunswick Hackensack, New Jersey plant and
are thus included in this decision.
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.
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 determine that increases of imports of articles
like or directly competitive with dyed garments produced at
Spinnerin Dye LLC, including leased workers at Tempo, Net2Staff and
Brickforce, South Hackensack, New Jersey 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 Spinnerin Dye LLC, South Hackensack, New
Jersey including leased workers from Tempo, Net2Staff and
Brickforce working at Spinnerin Dye LLC, South Hackensack,
New Jersey who became totally or partially separated from
employment on or after December 21, 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 9th day of February, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance