Petitioner Type: State
Impact Date: 04/13/2004
Filed Date: 04/14/2005
Most Recent Update: 05/24/2005
Determination Date: 05/24/2005
Expiration Date: 05/24/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,971
LENOX, INCORPORATED
POMONA, 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 April 14, 2005, in response
to a petition filed by a state representative (New Jersey) on
behalf of workers of Lenox, Incorporated, Pomona, New Jersey. The
workers produce ivory china dinnerware and giftware.
The investigation revealed that sales, production and
employment at the subject firm decreased during 2004 and January
through March 2005.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of ivory china dinnerware and
giftware in 2003, 2004 and year to date 2005. One survey revealed
increases in customer imports of this product 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 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 ivory china dinnerware and
giftware produced at Lenox, Incorporated, Pomona, 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 Lenox, Incorporated, Pomona, New Jersey who
became totally or partially separated from employment on or
after April 13, 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 24th day of May, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance