Petitioner Type: Workers
Impact Date: 01/19/2005
Filed Date: 01/25/2006
Most Recent Update: 02/24/2006
Determination Date: 02/24/2006
Expiration Date: 02/24/2008
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,702
KIM FAI INC.
SAN FRANCISCO, 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 January 25, 2006 in
response to a petition filed on behalf of workers of Kim Fai Inc.,
San Francisco, California. The workers of the subject firm
produced primarily women's sweaters.
The investigation revealed that production and employment at
the subject firm decreased absolutely upon its closure in February
2006.
The investigation further revealed that aggregate United
States imports of women's and girls' tops (blouses, shirts &
sweaters) was very high, over 700 percent of U.S. shipments in
2004, and increased during the twelve month period ending June 2005
compared with the twelve month period ending June 2004.
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 sweaters produced by Kim
Fai Inc., San Francisco, California, contributed importantly to the
total or partial separation of workers and to the decline in sales
or production and at that firm or subdivision. In accordance with
the provisions of the Act, I make the following certification:
"All workers of the Kim Fai Inc., San Francisco, California,
who became totally or partially separated from employment on
or after January 19, 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 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 24th day of February 2006.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance