DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,629

VIVITONE, INC.
PATERSON, NEW JERSEY

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)(A) of
Section 222 have been met.
The investigation was initiated on July 27, 2005, in response
to a petition filed by a State agency representative on behalf of
workers of Vivitone, Inc., Paterson, New Jersey. The workers
produced textile pigments.
The investigation revealed that sales and employment at the
subject firm declined from 2003 to 2004 and as well as during the
period of January through August 2005 when compared to the same
period in 2004.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of textile pigments
in 2003, 2004 and January through August 2005. The survey revealed
increased imports of textile pigments during the relevant period.
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 do not possess skills that are easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with textile pigments produced by
Vivitone, Inc., Paterson, 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 Vivitone, Inc., Paterson, New Jersey, who
became totally or partially separated from employment on or
after July 27, 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 13th day of September 2005

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