Petitioner Type: State
Impact Date: 08/12/2004
Filed Date: 08/12/2005
Most Recent Update: 09/13/2005
Determination Date: 09/13/2005
Expiration Date: 09/13/2007
Employment and Training Administration
TA-W-57,735
KAMASHIAN ENGINEERING, INC.
METAL STAMPING AND ASSEMBLY DEPARTMENT
BELLFLOWER, 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 August 12, 2005, in
response to a petition filed by a state agency representative on
behalf of workers at Kamashian Engineering, Inc., Metal Stamping
and Assembly Department, Bellflower, California. The workers at
the subject facility produce bathroom safety rails.
The investigation revealed that sales and employment at the
subject facility decreased during the period of January through
July 2005 compared to the same period one year prior.
The Department of Labor surveyed the subject firm's major
customer regarding its purchases of bathroom safety rails during
2002, 2003, and January through July 2005. The survey revealed the
customer decreased purchases from the subject firm while increasing
imports during the period under investigation.
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 workers possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with bathroom safety rails produced at
Kamashian Engineering, Inc., Metal Stamping and Assembly
Department, Bellflower, 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 Kamashian Engineering, Inc., Metal Stamping
and Assembly Department, Bellflower, California, who became
totally or partially separated from employment on or after
August 12, 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 workers of Kamashian Engineering,
Inc., Metal Stamping and Assembly Department, Bellflower,
California, are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act
of 1974, as amended.
Signed in Washington, D. C., this 13th day of September 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance