Petitioner Type: State
Impact Date:
Filed Date: 12/19/2005
Most Recent Update: 02/02/2006
Determination Date: 02/02/2006
Expiration Date:
Employment and Training Administration
TA-W-58,516
HURLEY INTERNATIONAL, LLC
COSTA MESA, 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 on December 19, 2005 in
response to a petition filed by a company official on behalf of
workers of Hurley International, LLC, Costa Mesa, California.
The workers at the subject facility are engaged in designing and
sourcing apparel for the action sports industry.
The investigation revealed that Hurley International, LLC,
Costa Mesa, 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 design and sourcing employees 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 assistance (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 of the facts obtained in the
investigation, I determine that all workers of Hurley
International, LLC, Costa Mesa, 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 2nd day of February, 2006
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance