Petitioner Type: Workers
Impact Date:
Filed Date: 11/04/2005
Most Recent Update: 11/09/2005
Determination Date: 11/09/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,272
SUN SHADE HOLDING CORPORATION
EL CERRITO, CALIFORNIA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on November 4, 2005 and filed on behalf of workers at
Sun Shade Holding Corporation, El Cerrito, California. The
workers are engaged in shipping, receiving and distribution of
sunglasses.
The investigation revealed that Sun Shade Holding
Corporation, El Cerrito, California does not produce an article
within the meaning of Section 222(a)(2) of the Act. In order to
be considered eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, the worker group seeking
certification (or on whose behalf certification is being sought)
must work for a "firm" or appropriate subdivision that produces
an article and there must be a relationship between the workers'
work and the article produced by the workers' firm or appropriate
subdivision. The petitioning workers of Sun Shade Holding
Corporation, El Cerrito, California do not support a firm or
appropriate subdivision that produces an article domestically and
thus the worker group can not be considered import impacted or
affected by a shift in production of an article.
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 assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Sun
Shade Holding Corporation, El Cerrito, California are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, and are also denied eligibility 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 November 2005.
/s/ Elliott S. Kushner
____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance