Petitioner Type: Union
Impact Date:
Filed Date: 07/20/2005
Most Recent Update: 08/25/2005
Determination Date: 08/25/2005
Expiration Date:
Employment and Training Administration
TA-W-57,591
UNITED WIRE HANGER CORPORATION
WIRE GARMENT HANGER LINE
HASBROUCK HEIGHTS, NEW JERSEY
TA-W-57,591A
UNITED WIRE HANGER CORPORATION
PAPER GARMENT COVER AND DRESS SHIELD LINE
HASBROUCK HEIGHTS, NEW JERSEY
Determinations 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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on July 20, 2005, in response
to a petition filed by the International Brotherhood of Teamsters,
Local 560, on behalf of workers of United Wire Hanger Corporation,
Hasbrouck Heights, New Jersey. The workers are separately
identifiable by product. One worker group produces wire garment
hangers and the other paper garment covers and dress shields.
These worker groups are identified as the Wire Garment Hanger Line
(TA-W-57,591) and the Paper Garment Cover and Dress Shield Line
(TA-W-57,591A), respectively.
It is determined in the case of the Wire Garment Hanger Line
that the requirements of (a)(2)(A) of Section 222 have been met.
Employment on the Wire Garment Hanger Line declined from 2004
to June of 2005.
The investigation revealed that sales of wire garment hangers
at the subject firm declined during the period of January through
June of 2005, when compared to the same period in 2004.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of wire garment hangers in
2003, 2004 and January through June of 2005. The survey revealed
increased imports during the relevant period.
The investigation revealed that in the case of the Paper
Garment Cover and Dress Shield Line that criteria (a)(2)(A)(I.A)
and (a)(2)(B)(II.A) have not been met.
The investigation revealed that the Paper Garment Cover and
Dress Shield Line did not separate or threaten to separate a
significant number or proportion of workers as required by Section
222 of the Trade Act of 1974. Significant number or proportion of
the workers in a firm or appropriate subdivision means at least
three workers in a workforce of fewer than 50 workers, or five
percent of the workers in a workforce of over 50 workers.
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 with respect to workers in the Wire Garment Hanger Line,
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 industry are adverse.
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 in the Paper Garment and Dress Shield Line are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with wire garment hangers produced by
United Wire Hanger Corporation, Wire Garment Hanger Line, Hasbrouck
Heights, New Jersey, 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 United Wire Hanger Corporation, Wire Garment
Hanger Line, Hasbrouck Heights, New Jersey (TA-W-57,591), who
became totally or partially separated from employment on or
after June 28, 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."
I further determine that all workers of United Wire Hanger
Corporation, Paper Garment Cover and Dress Shield Line, Hasbrouck
Heights, New Jersey (TA-W-57,591A), 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 of
1974.
Signed in Washington, D.C., this 25th day of August 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance