U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,827

STUCKI EMBROIDERY WORKS, INC.
FAIRVIEW, NEW JERSEY

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application of May 17, 2006, a company official
requested administrative reconsideration of the Department of
Labor's Notice of Negative Determination Regarding Eligibility
to Apply for Worker Adjustment Assistance, applicable to workers
of the subject firm. The determination was issued on April 14,
2006. The Department's Notice of determination was published in
the Federal Register on April 24, 2006 (71 FR 21044). Workers
produced embroidered stars for American flags.
In the request for reconsideration, the company official
stated that the subject firm produces a variety of products,
including embroidered stars and lace.
A review of previously-submitted material reveal that
another company official indicated that the subject workers
produced embroidered star fields for American flags.



The Department has carefully reviewed the request for
reconsideration based on new information provided and review of
the initial decision and has determined that the Department will
conduct further investigation.
Conclusion
After careful review of the application, I conclude that
the claim is of sufficient weight to justify reconsideration of
the Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 22nd day of May 2006
/s/Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,827

STUCKI EMBROIDERY WORKS INC.
FAIRVIEW, NEW JERSEY

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 group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free
trade agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on February 10, 2006, in
response to a petition filed by the State of New Jersey on
behalf of workers at Stucki Embroidery Works Inc., Fairview, New
Jersey. The workers embroidered stars for American flags.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import embroidered stars for American flags during 2004 or 2005.
Furthermore, the investigation revealed that the subject
firm did not shift production of embroidered stars for American
flags abroad during the relevant period.
The Department of Labor surveyed the subject firm's only
customer regarding its sourcing of embroidered stars for
American flags. The survey revealed no imports of embroidered
stars for American flags, during the period under investigation.
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 this
investigation, I determine that all workers of Stucki Embroidery
Works Inc., Fairview, New Jersey engaged in employment related
to the production of embroidered stars for American flags 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, as amended.
Signed in Washington, D.C. this 14th day of April, 2006


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance