DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,267

GT MERCHANDISING & LICENSING
GT DISTRIBUTION FACILITY
JERSEY CITY, NEW JERSEY

Negative Determinations 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 April 24, 2006 in response
to a petition filed on behalf of workers of GT Merchandising &
Licensing, GT Distribution Facility, Jersey City, New Jersey. The
workers at the subject firm duplicated, packaged, and distributed
videos.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II. B) have not been met.
The investigation revealed that the subject firm did not
import videos or shift the duplication process, packaging, or
distribution abroad in 2004, 2005, or during the period of January
through March 2006.
The Department of Labor surveyed the subject firm's major
declining customer regarding their purchases of videos. This survey
revealed no imports of videos during the relevant period.
The predominant cause for worker separations was attributed to
Good Times being bought out by Gaiam, Inc., and Gaiam's decision to
move the packaging and distribution operations domestically to Ohio
and shutting down the Jersey City facility. The VHS duplication
operation process was eliminated by Gaiam due to the obsoleteness
of the video medium.
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 during this
investigation, I determine that workers of GT Merchandising &
Licensing, GT Distribution Facility, Jersey City, New Jersey 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 6th day of July 2006

/s/ Linda G. Poole

_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance