Petitioner Type: State
Impact Date: 10/18/2004
Filed Date: 10/28/2005
Most Recent Update: 11/18/2005
Determination Date: 11/18/2005
Expiration Date: 11/18/2007
Employment and Training Administration
TA-W-58,227
AVERAGE JOE, INC.
LOS ANGELES, 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), 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 28, 2005 in
response to a petition filed by a company official on behalf of
workers of Average Joe, Inc., Los Angeles, California. The workers
produced dresses.
Sales, production and employment at the subject firm declined
absolutely with the shutdown of the facility in July of 2005.
The subject firm increased its imports of dresses in 2005.
United States aggregate imports of women's and girls' dresses
were very high (over 160 percent) relative to U.S. shipments in
2004, and increased relative to U.S. shipments in the period ending
June 2005 compared with the same period one year earlier.
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 women's dresses produced at
Average Joe, Inc., Los Angeles, 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 Average Joe, Inc., Los Angeles, California,
who became totally or partially separated from employment on
or after October 18, 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 18th day of November, 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance