Petitioner Type: Company
Impact Date: 07/25/2004
Filed Date: 08/19/2005
Most Recent Update: 09/09/2005
Determination Date: 09/09/2005
Expiration Date: 09/09/2007
Employment and Training Administration
TA-W-57,792
KWAN'S SEWING, INC.
SAN FRANCISCO, CALIFORNIA
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), 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 19, 2005 in response
to a petition filed by a company official on behalf of workers of
Kwan's Sewing, Inc., San Francisco, California. The workers were
engaged in the sewing of garments.
The investigation revealed that sales, production, and
employment at the subject firm declined absolutely upon its
shutdown on November 2004.
The Department of Labor surveyed the subject firm's major
customer regarding its purchases of sewn garments for fiscal years
2002, 2003, and 2004. The survey revealed increases in imports
accompanied by reduced purchases from the subject firm.
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 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 those produced by Kwan's Sewing,
Inc., San Francisco, California, contributed importantly to the
total or partial separation of workers and to the decline in sales
or production and at that firm or subdivision. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Kwan's Sewing, Inc., San Francisco,
California, who became totally or partially separated from
employment on or after July 25, 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 9th day of September, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance