Denied
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TAW-61035  /  Santa's Best (Manitowoc, WI)

Petitioner Type: Company
Impact Date:
Filed Date: 02/27/2007
Most Recent Update: 03/23/2007
Determination Date: 03/23/2007
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,035

SANTA'S BEST
MANITOWOC, WISCONSIN

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 February 27, 2007 in
response to a petition filed by a company official on behalf of
workers at Santa's Best, Manitowoc, Wisconsin. Workers at the
Manitowoc plant were engaged in the shipping and distribution of
tinsel garland (a Christmas decoration) formerly produced
elsewhere by affiliates.
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 domestically
and there must be a relationship between the workers' work and
the article produced by the workers' firm or appropriate
subdivision. The investigation revealed that domestic
production of an article at the domestic facilities supported by
the Manitowoc workers ceased more than one year ago. Thus the
shipping and distribution work performed at Manitowoc was not in
support of domestic production within the requisite one year
period, and the worker group cannot 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 the Santa's Best,
Manitowoc, Wisconsin, 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 23rd day of March 2007


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance