Denied
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TAW-59672  /  Anage, Inc. (New York, NY)

Petitioner Type: Union
Impact Date:
Filed Date: 07/06/2006
Most Recent Update: 07/13/2006
Determination Date: 07/13/2006
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,672

ANAGE, INC.
WAREHOUSE
NEW YORK, NEW YORK

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 investigation was initiated on July 6, 2006 in response
to a petition filed by UNITE HERE, Local 89-22-1 on behalf of
workers of Anage, Inc., Warehouse, New York, New York. The
workers at the subject firm are engaged in warehousing, shipping
and receiving operations for women's apparel. The petitioning
worker group is separately identifiable from the workers in the
showroom.
The investigation revealed that Anage, Inc., New York, New
York, does not produce an article within the meaning of Section
222(a)(2) of the Act. In order to be considered eligible to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974, the worker group seeking certification (or on whose
behalf certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must
be a relationship between the workers' work and the article
produced by the workers' firm or appropriate subdivision. The
warehouse employees do not support a firm or appropriate
subdivision that produces an article domestically and thus the
worker group can not be considered import impacted or affected
by a shift in production of an article.
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 the
investigation, I determine that all workers of Anage, Inc.,
Warehouse, New York, New York, 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 13th day of July, 2006



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