Petitioner Type: Workers
Impact Date:
Filed Date: 02/01/2005
Most Recent Update: 02/17/2005
Determination Date: 02/17/2005
Expiration Date:
Employment and Training Administration
TA-W-56,455
XSENSIBLE FOOTWEAR NORTH AMERICA LTD.
HICKORY, NORTH CAROLINA
Negative 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 investigation was initiated on February 1, 2005 in
response to a petition filed on behalf of workers of Xsensible
Footwear North America Ltd., Hickory, North Carolina. The workers
performed general warehousing and distribution activities only.
The investigation revealed that Xsensible Footwear North
America Ltd., Hickory, North Carolina, does not produce an
article within the meaning of Section 222(a)(2) of the Act. In
order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a "firm" or appropriate subdivision
that produces an article domestically and there must be a
relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The warehouse/
distribution workers described above do not support a firm or
appropriate subdivision that produces an article domestically and
thus the worker group can not be considered import impacted or
affected by a shift in production of an article.
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
Xsensible Footwear North America Ltd., Hickory, North Carolina are
denied eligibility 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 (ATAA) under
Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 17th day of February, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance