Petitioner Type: Company
Impact Date: 10/06/2004
Filed Date: 10/17/2005
Most Recent Update: 11/03/2005
Determination Date: 11/03/2005
Expiration Date: 11/03/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,138
HALMODE APPAREL
NEW YORK, NEW YORK
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 in response to a petition
received on October 17, 2005 and filed by a company official on
behalf of workers at Halmode Apparel, New York, New York. The
workers are engaged in employment related to the production of
samples and patterns.
The investigation revealed that plant production and
employment declined during the relevant period.
The investigation further revealed that the company
increased their reliance on imported samples and patterns during
the relevant period.
In accordance with Section 246 of 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 addition, 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 samples and patterns produced
at Halmode Apparel, New York, New York 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 Halmode Apparel, New York, New York who
became totally or partially separated from employment on or
after October 6, 2004 through two years from the date of
certification are eligible to apply for adjustment assis-
tance 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 3rd day of November, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance