Petitioner Type: State
Impact Date: 06/13/2004
Filed Date: 06/27/2005
Most Recent Update: 07/05/2005
Determination Date: 07/05/2005
Expiration Date: 07/05/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,456
BEACH PATROL, INC.
CARSON, CALIFORNIA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 June 27, 2005, in response
to a petition filed by the California Employment Development
Department on behalf of workers of Beach Patrol, Inc., Carson,
California. The workers produce women's swimwear.
The investigation revealed that the subject firm imports a
major portion of the women's swimwear it sells and there was an
increased reliance on those imports during 2004 and January through
May 2005.
United States aggregate imports of women's swimwear increased
in 2004 compared with 2003 and were over three times shipments by
domestic manufacturers in 2004.
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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion #2 has not
been met.
The investigation revealed that the workers' skills are
easily transferable in the immediate area of Carson, California.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with women's swimwear produced at
Beach Patrol, Inc., Carson, California 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 Beach Patrol, Inc., Carson, California who
became totally or partially separated from employment on or
after June 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."
I further determine that all workers of Beach Patrol, Inc.,
Carson, California are denied eligibility 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 July, 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance