Petitioner Type: Company
Impact Date:
Filed Date: 05/25/2005
Most Recent Update: 07/08/2005
Determination Date: 07/08/2005
Expiration Date:
Employment and Training Administration
TA-W-57,251
J.C. VIRAMONTES
D/B/A INTERNATIONAL GARMENT PROCESSORS
EL PASO, TEXAS
Negative Determination 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 May 25, 2005, in
response to a petition filed by a company official on behalf of
workers of J.C. Viramontes, d/b/a International Garments, El
Paso, Texas. The workers were engaged in water maintenance,
research and development and customer service.
All production of stonewashing and processing denim
garments for customers ceased in August 2004. All workers of
the subject firm were certified eligible to apply for TAA under
petition number TA-W-51,809, which expired June 3, 2005. Since
August 2004, the workers of the firm have been engaged in
activities related to the plant closing.
The investigation revealed that J.C. Viramontes, d/b/a
International Garments, El Paso, Texas, 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 and there must
be a relationship between the workers' work and the article
produced by the workers' firm or appropriate subdivision. The
help desk support group does 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 J.C.
Viramontes, d/b/a International Garments, El Paso, Texas, 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
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 8th day of July, 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance