Petitioner Type: Workers
Impact Date: 05/16/2004
Filed Date: 06/03/2005
Most Recent Update: 06/21/2005
Determination Date: 06/21/2005
Expiration Date: 06/21/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,311
EMA, INC.
POLISHING DEPARTMENT
NEW YORK, NEW YORK
Certification Regarding Eligibility
To Apply for Worker 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.
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)(B) of
Section 222 have been met.
The investigation was initiated on June 3, 2005, in response
to a petition filed on behalf of workers of EMA, Inc., Polishing
Department, New York, New York. The workers produced rings,
pendants and earrings.
The investigation revealed the company has shifted production
to a country (Mexico) under a free trade agreement with the U.S.
Layoffs at the subject facility occurred in the relevant period.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to Mexico of articles that are
like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of EMA, Inc., Polishing Department, New York, New
York who became totally or partially separated from employment
on or after May 16, 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"
Signed in Washington, D.C. this 21st day of June 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance