Petitioner Type: Workers
Impact Date: 12/08/2005
Filed Date: 12/14/2006
Most Recent Update: 01/04/2007
Determination Date: 01/04/2007
Expiration Date: 01/04/2009
Employment and Training Administration
TA-W-60,599
SWAK, LLC
FORMERLY KNOWN AS E.S. SUTTON
RIDGEWOOD, NEW YORK
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, 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.
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 December 14, 2006 in
response to a petition filed on behalf of workers of Swak LLC,
formerly known as E.S. Sutton, Ridgewood, New York. The workers
produced samples of apparel used to market larger quantities to
wholesalers.
The investigation revealed that the subject firm is
shutting down production at the Ridgewood facility and
separating workers there. The separations are directly
attributable to production at the facility being shifted to
China and India for subsequent import into the United States.
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 there was a shift in production
from the workers' firm or subdivision to China and India 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 Swak LLC, formerly known as E.S. Sutton,
Ridgewood, New York, who became totally or partially
separated from employment on or after December 8, 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 4th day of January 2007
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance