Petitioner Type: State
Impact Date: 06/23/2004
Filed Date: 07/08/2005
Most Recent Update: 09/09/2005
Determination Date: 09/09/2005
Expiration Date: 09/09/2007
Employment and Training Administration
TA-W-57,525
GUESS?, INC.
CUTTING DEPARTMENT
LOS ANGELES, 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, 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)(A) of Section 222 have been met.
The investigation was initiated on July 8, 2005 in response
to a petition filed by a state representative on behalf of workers
of Guess?, Inc., Cutting Department, Los Angeles, California. The
workers in this department are engaged in activities related to
the production of denim apparel.
The investigation revealed that employment and sales at the
subject firm declined during the period of January through June
2005 when compared to the same time period in 2004.
The investigation revealed that the subject firm increased
its imports of denim apparel during January through June 2005 when
compared with the same time period 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 skills of the worker group at the subject firm are easily
transferable to other positions in the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with denim apparel produced by
Guess?, Inc., Los Angeles, 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 Guess?, Inc., Cutting Department, Los
Angeles, California, who became totally or partially
separated from employment on or after June 23, 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
I further determine that all workers of Guess?, Inc., Cutting
Department, Los Angeles, California, are denied eligibility to
apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed at Washington, D.C., this 9th day of September 2005
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance