Petitioner Type: Workers
Impact Date: 09/20/2004
Filed Date: 10/18/2005
Most Recent Update: 11/28/2005
Determination Date: 11/28/2005
Expiration Date: 11/28/2007
Employment and Training Administration
TA-W-58,163
V.C. ORIGINALS
RIDGELAND, MISSISSIPPI
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 October 18, 2005, in
response to a petition filed on behalf of workers of V.C.
Originals, Ridgeland, Mississippi. The workers produce hand painted
ceramic dinnerware.
The investigation revealed that the production at the subject
firm declined in January through September 2005 when compared to
the same period of 2004. Employment will decline when production
ceases at year-end 2005.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of hand painted
ceramic dinnerware in 2003, 2004, and January through September
2005. The survey revealed that during the relevant period a
customer increased import purchases of hand painted ceramic
dinnerware while reducing 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.
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 (1) has not been
met.
The investigation revealed the subject firm did not employ any
workers age 50 years or older.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with hand painted ceramic dinnerware
produced by V.C. Originals, Ridgeland, Mississippi, 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 V.C. Originals, Ridgeland, Mississippi, who
became totally or partially separated from employment on or
after September 20, 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
I further determine that all workers of V.C. Originals,
Ridgeland, Mississippi, are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 28th day of November 2005.
/s/ Linda G. Poole
____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance