Denied
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TAW-57450  /  Zebra Pen Corp. (Edison, NJ)

Petitioner Type: State
Impact Date:
Filed Date: 06/24/2005
Most Recent Update: 07/20/2005
Determination Date: 07/20/2005
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,450
ZEBRA PEN CORPORATION
EDISON, NEW JERSEY

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 June 24, 2005, in response
to a petition filed on behalf of workers of Zebra Pen Corporation,
Edison, New Jersey. Workers shipped and received writing
instruments and office supplies for the Zebra Pen warehouse
facility.
The investigation revealed that Zebra Pen Corp., Edison, New
Jersey 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 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 Zebra
Pen Corporation, Edison, New Jersey 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.
Signed in Washington, D.C., this 20th day of July 2005.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance