Petitioner Type: Company
Impact Date: 10/20/2005
Filed Date: 10/24/2006
Most Recent Update: 11/21/2006
Determination Date: 11/21/2006
Expiration Date: 11/21/2008
Employment and Training Administration
TA-W-60,279
AQUARIA, INC.
DBA MARINELAND
A SUBSIDIARY OF SPECTRUM BRANDS , INC.
CONSUMER DIVISION
INCLUDING ON-SITE LEASED WORKERS OF AEROTEK, PCS, PERSONNEL PLUS,
PREMIER, REMEDY, SELECT, AND VOLT
MOORPARK, 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)(B) of
Section 222 have been met.
The investigation was initiated on October 24, 2006, in
response to a petition filed by a company official on behalf of
workers at Aquaria, Inc., dba Marineland, a subsidiary of Spectrum
Brands, Inc., Consumer Division, Moorpark, California. The workers
at the subject firm produce filters and equipment for fish
aquariums; they are not separately identifiable by articles
produced.
The preponderance in the declines in employment at the subject
firm is related to a shift in plant production of filters and
equipment for fish aquariums to China and Germany. The subject
firm will increase the imports of filters and equipment for fish
aquariums following the completed shift in production abroad.
The investigation revealed that the subject firm also leased
workers on-site from Aerotek, PCS, Personnel Plus, Premier, Remedy,
Select, and Volt to produce filters and equipment for fish
aquariums.
In addition, in accordance with Section 246 of 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 conclude that there was a shift in production from
a firm or subdivision supported by the petitioning worker group to
China and Germany of articles that are like or directly competitive
with those produced by the subject firm or subdivision, and there
has been or is likely to be an increase in imports of like or
directly competitive articles. In accordance with the provisions of
the Act, I make the following certification:
"All workers of Aquaria, Inc., dba Marineland, a subsidiary of
Spectrum Brands, Inc., Consumer Division, including on-site
leased workers of Aerotek, PCS, Personnel Plus, Premier,
Remedy, Select, and Volt, Moorpark, California who became
totally or partially separated from employment on or after
October 20, 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 21st day of November, 2006.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance