Petitioner Type: Company
Impact Date: 07/05/2004
Filed Date: 07/07/2005
Most Recent Update: 08/11/2005
Determination Date: 08/11/2005
Expiration Date: 08/11/2007
Employment and Training Administration
TA-W-57,514
PAINTING RED RHINOS
MECHANICSBURG, PENNSYLVANIA
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)(B) of
Section 222 have been met.
The investigation was initiated on July 7, 2005 in response to
a petition filed by a company official on behalf of workers of
Painting Red Rhinos, Mechanicsburg, Pennsylvania. The workers
produce children's clothing.
Employment decreased during January through July 2005. It is
anticipated that the production facility will shut down.
The investigation revealed that a shift in production from the
subject facility to a foreign country (China) occurred during the
period of investigation, and layoffs at the subject plant have
resulted from this shift. Imports of articles like or directly
competitive with those produced by the subject plant are likely to
increase.
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 garment industry are adverse.
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 China of articles that are like
or directly competitive with those produced by the subject firm or
subdivision, and there has been or is likely to be an increase in
imports of like or directly competitive articles. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Painting Red Rhinos, Mechanicsburg,
Pennsylvania who became totally or partially separated from
employment on or after July 5, 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 11th day of August, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance