Certified
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TAW-56951  /  Nicole Corporation (Cleveland, OH)

Petitioner Type: Workers
Impact Date: 03/23/2004
Filed Date: 04/13/2005
Most Recent Update: 05/05/2005
Determination Date: 05/05/2005
Expiration Date: 05/05/2007

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,951

NICOLE SHADES LLC
A DIVISION OF EMESS DESIGN GROUP LLC
CLEVELAND, OHIO

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, as
amended (19 USC 2273), 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 April 13, 2005 in
response to a petition filed on behalf of workers at Nicole
Shades LLC., a division of Emess Design Group LLC., Cleveland,
Ohio. The workers at the subject firm produce lamp shades.
The investigation revealed that the subject company, Nicole
Shades LLC, had three facilities in Cleveland, Ohio, a
manufacturing facility, a corporate headquarters, and a
warehouse, these three facilities are covered under this
investigation.
The investigation revealed that employment at the subject
firm declined absolutely with the closure of the facility on
December 30, 2004. The investigation also revealed that
production ceased on or before December 30, 2004.
The investigation further revealed that company imports of
lamp shades increased absolutely 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 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 facility 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 lamp shades produced by Nicole
Shades LLC., a division of Emess Design Group LLC., Cleveland,
Ohio contributed importantly to the total or partial separation
of workers and to the decline in production and at that firm or
subdivision. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Nicole Shades LLC., a division of Emess
Design Group LLC., Cleveland, Ohio, who became totally or
partially separated from employment on or after March 23,
2004 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 May, 2005.

/s/ Linda G. Poole

_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance