Petitioner Type: State
Impact Date: 04/03/2007
Filed Date: 04/04/2008
Most Recent Update: 07/28/2008
Determination Date: 07/28/2008
Expiration Date: 10/06/2010
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,130
SEA GULL LIGHTING PRODUCTS
RIVERSIDE, NEW JERSEY
Notice of Revised Determination
on Reconsideration
On September 5, 2008, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
was published in the Federal Register on September 18, 2008 (73
FR 54171).
The previous investigation initiated on April 4, 2008,
resulted in a negative determination issued on July 28, 2008, was
based on the finding that imports of residential lighting
fixtures did not contribute importantly to worker separations at
the subject firm and no shift in production to a foreign source
occurred. The denial notice was published in the Federal
Register on August 12, 2008 (73 FR 46924).
In the request for reconsideration, the petitioner provided
additional information regarding the subject firm’s domestic
production of residential lighting fixtures and imports of these
products by the subject firm into the United States.
The Department contacted the company official to verify
whether the subject firm imported residential lighting fixtures in
2006, 2007 and January through March 2008. The investigation on
reconsideration revealed that the subject firm increased their
reliance on imported residential lighting fixtures during the
relevant period. It was also revealed that employment and sales of
residential lighting fixtures declined at Sea Gull Lighting
Products LLC, Riverside, New Jersey during the relevant period.
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 additional facts obtained on
reconsideration, I determine that increases reliance on imports
of residential lighting fixtures, produced by Sea Gull Lighting
Products, LLC, Riverside, New Jersey contributed importantly to
the total or partial separation of workers and to the decline in
sales or production at that firm or subdivision. In accordance
with the provisions of the Act, I make the following
certification:
"All workers of Sea Gull Lighting Products LLC, Riverside,
New Jersey, who became totally or partially separated from
employment on or after April 3, 2007, through two years from
the date of this certification, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, and are eligible 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 October 2008.
/s/ Elliott S. Kushner
__________________ ________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,130
SEA GULL LIGHTING PRODUCTS LLC
RIVERSIDE, NEW JERSEY
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 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:
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;
1. 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
2. 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 4, 2008 in response
to a petition filed by a state agency representative on behalf of
workers of Sea Gull Lighting Products LLC, Riverside, New Jersey.
The workers produce residential lighting fixtures.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not shift production of residential
lighting fixtures to a foreign country, nor did it import like or
competitive products in 2006, 2007, or January through March 2008.
The investigation revealed that aggregate U.S. imports of
residential lighting fixtures declined absolutely and relative to
U.S. shipments in 2007 when compared with the same period in 2006.
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 Sea Gull Lighting
Products LLC, Riverside, 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 28th day of July 2008
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-63,130
SEA GULL LIGHTING PRODUCTS
RIVERSIDE, NEW JERSEY
Notice of Revised Determination
on Reconsideration
On September 5, 2008, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
was published in the Federal Register on September 18, 2008 (73
FR 54171).
The previous investigation initiated on April 4, 2008,
resulted in a negative determination issued on July 28, 2008, was
based on the finding that imports of residential lighting
fixtures did not contribute importantly to worker separations at
the subject firm and no shift in production to a foreign source
occurred. The denial notice was published in the Federal
Register on August 12, 2008 (73 FR 46924).
In the request for reconsideration, the petitioner provided
additional information regarding the subject firm’s domestic
production of residential lighting fixtures and imports of these
products by the subject firm into the United States.
The Department contacted the company official to verify
whether the subject firm imported residential lighting fixtures in
2006, 2007 and January through March 2008. The investigation on
reconsideration revealed that the subject firm increased their
reliance on imported residential lighting fixtures during the
relevant period. It was also revealed that employment and sales of
residential lighting fixtures declined at Sea Gull Lighting
Products LLC, Riverside, New Jersey during the relevant period.
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 additional facts obtained on
reconsideration, I determine that increases reliance on imports
of residential lighting fixtures, produced by Sea Gull Lighting
Products, LLC, Riverside, New Jersey contributed importantly to
the total or partial separation of workers and to the decline in
sales or production at that firm or subdivision. In accordance
with the provisions of the Act, I make the following
certification:
"All workers of Sea Gull Lighting Products LLC, Riverside,
New Jersey, who became totally or partially separated from
employment on or after April 3, 2007, through two years from
the date of this certification, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, and are eligible 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 October 2008.
/s/ Elliott S. Kushner
__________________ ________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,130
SEA GULL LIGHTING PRODUCTS LLC
RIVERSIDE, NEW JERSEY
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 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:
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;
1. 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
2. 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 4, 2008 in response
to a petition filed by a state agency representative on behalf of
workers of Sea Gull Lighting Products LLC, Riverside, New Jersey.
The workers produce residential lighting fixtures.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not shift production of residential
lighting fixtures to a foreign country, nor did it import like or
competitive products in 2006, 2007, or January through March 2008.
The investigation revealed that aggregate U.S. imports of
residential lighting fixtures declined absolutely and relative to
U.S. shipments in 2007 when compared with the same period in 2006.
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 Sea Gull Lighting
Products LLC, Riverside, 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 28th day of July 2008
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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