Petitioner Type: State
Impact Date: 01/04/2005
Filed Date: 01/24/2006
Most Recent Update: 02/22/2006
Determination Date: 02/22/2006
Expiration Date: 02/22/2008
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,697
MAXINE SWIM GROUP, INC.
COMMERCE, CALIFORNIA
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 January 24, 2006, in
response to a petition filed on behalf of workers of Maxine Swim
Group, Inc., Commerce, California. The workers produce swimsuits.
The investigation revealed that the subject firm has
experienced declines in sales, production and employment during the
relevant time period.
The investigation also revealed that the subject firm
increased their imports of swimsuits during the relevant period.
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.
The investigation revealed that 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 increases of imports of articles
like or directly competitive with swimsuits produced at Maxine Swim
Group, Inc., Commerce, 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 Maxine Swim Group, Inc., Commerce, California,
who became totally or partially separated from employment on
or after January 4, 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." and
I further determine that all workers of Maxine Swim Group,
Inc., Commerce, California, 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 22nd day of February 2006.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance