Petitioner Type: Company
Impact Date: 01/10/2005
Filed Date: 01/18/2006
Most Recent Update: 02/17/2006
Determination Date: 02/17/2006
Expiration Date: 02/17/2008
Employment and Training Administration
TA-W-58,660
L'OREAL USA PRODUCTS, INC.
SAVANNAH, GEORGIA
TA-W-58,660A
L'OREAL USA S/D, INC.
SAVANNAH DISTRIBUTION CENTER
SAVANNAH, GEORGIA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Determinations Regarding Eligibility To Apply For
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.
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)(B) of
Section 222 have been met.
The investigation was initiated on January 18, 2006 in
response to a petition filed by a company official on behalf of
workers at L'Oreal USA Products, Inc., Savanna, Georgia (TA-W-
58,660) and L'Oreal USA S/D, Inc., Savannah Distribution Center,
Savannah, Georgia (TA-W-58,660A). The workers are engaged in the
production of ethnic hair care products.
The investigation revealed that employment at the L'Oreal USA
facilities decreased during the relevant period under
investigation.
The investigation further revealed that the company shifted
plant production to a country (Mexico) that is a party to a Free
Trade Agreement with the United States.
Alternative Trade Adjustment Assistance:
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 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 for workers at L'Oreal
USA Products, Inc., Savanna, Georgia (TA-W-58,660).
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.
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.
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 (2) has not
been met for workers at L'Oreal USA S/D, Inc., Savannah
Distribution Center, Savannah, Georgia (TA-W-58,660A).
The investigation revealed workers in the workers' firm
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers firm or subdivision to Mexico of articles that are
like or directly competitive with those produced by the subject
firm or subdivision, and there has been or is likely to be an
increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of at L'Oreal USA Products, Inc., Savanna,
Georgia (TA-W-58,660) and L'Oreal USA S/D, Inc., Savannah
Distribution Center, Savannah, Georgia (TA-W-58,660A) who
became totally or partially separated from employment on or
after January 10, 2005 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974."
"All workers of at L'Oreal USA Products, Inc., Savanna,
Georgia (TA-W-58,660) who became totally or partially
separated from employment on or after January 10, 2005 through
two years from the date of certification are eligible to apply
for alternative trade adjustment assistance under Section 246
of the Trade Act of 1974."
I further determine that all workers L'Oreal USA S/D, Inc.,
Savannah Distribution Center, Savannah, Georgia (TA-W-58,660A) 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 17th day of February 2006.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance