Petitioner Type: Workers
Impact Date:
Filed Date: 05/21/2008
Most Recent Update: 06/10/2008
Determination Date: 06/10/2008
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,418
GRAMERCY JEWELRY MANUFACTURING CORPORATION
NEW YORK, NEW YORK
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated June 19, 2008, a company official
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of Gramercy Jewelry Manufacturing Corporation, New
York, New York, to apply for Trade Adjustment Assistance (TAA)
and Alternative Trade Adjustment Assistance (ATAA). The negative
determination was issued on June 10, 2008. The Department’s
notice of determination was published in the Federal Register on
June 27, 2008 (73 FR 36576).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, which was filed on behalf of workers at
Gramercy Jewelry Manufacturing Corporation, New York, New York
engaged in the production of jewelry, was denied based on the
findings that sales and production at the subject firm did not
decrease from 2006 to 2007 or from January through April 2008,
when compared with the same period in 2007. The investigation
also revealed no shift in production to a foreign country in the
relevant time period.
In the request for reconsideration, the company official
stated that he disagrees with the investigation and that the
subject firm “laid off about 25 employees.” The company official
did not supply any additional information regarding sales or
production that would warrant reopening the investigation.
After careful review of the request for reconsideration, the
Department determines that none of the circumstances under 29 CFR
90.18(c) for granting reconsideration have been met.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C. this 8th day of July 2008
/s/ Linda G. Poole
___________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,418
GRAMERCY JEWELRY MANUFACTURING CORPORATION
NEW YORK, NEW YORK
Negative Determinations 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:
1. 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;
2. 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
3. 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 May 21, 2008, in response
to a petition filed on behalf of workers of Gramercy Jewelry
Manufacturing Corporation, New York, New York. The workers produce
jewelry.
The investigation revealed that criteria (a)(2)(A)(I.B) and
(a)(2)(B) (II.B) have not been met.
Sales and production at the subject facility increased in
2007 compared with 2006 and continued to increase in January
through April, 2008 compared with the same period in 2007.
The subject facility did not import nor did it shift
production of jewelry to a foreign country in the relevant
period.
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 assis-
tance (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 Gramercy Jewelry
Manufacturing Corporation, 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 10th day of June 2008
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-63,418
GRAMERCY JEWELRY MANUFACTURING CORPORATION
NEW YORK, NEW YORK
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated June 19, 2008, a company official
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of Gramercy Jewelry Manufacturing Corporation, New
York, New York, to apply for Trade Adjustment Assistance (TAA)
and Alternative Trade Adjustment Assistance (ATAA). The negative
determination was issued on June 10, 2008. The Department’s
notice of determination was published in the Federal Register on
June 27, 2008 (73 FR 36576).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, which was filed on behalf of workers at
Gramercy Jewelry Manufacturing Corporation, New York, New York
engaged in the production of jewelry, was denied based on the
findings that sales and production at the subject firm did not
decrease from 2006 to 2007 or from January through April 2008,
when compared with the same period in 2007. The investigation
also revealed no shift in production to a foreign country in the
relevant time period.
In the request for reconsideration, the company official
stated that he disagrees with the investigation and that the
subject firm “laid off about 25 employees.” The company official
did not supply any additional information regarding sales or
production that would warrant reopening the investigation.
After careful review of the request for reconsideration, the
Department determines that none of the circumstances under 29 CFR
90.18(c) for granting reconsideration have been met.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C. this 8th day of July 2008
/s/ Linda G. Poole
___________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,418
GRAMERCY JEWELRY MANUFACTURING CORPORATION
NEW YORK, NEW YORK
Negative Determinations 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:
1. 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;
2. 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
3. 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 May 21, 2008, in response
to a petition filed on behalf of workers of Gramercy Jewelry
Manufacturing Corporation, New York, New York. The workers produce
jewelry.
The investigation revealed that criteria (a)(2)(A)(I.B) and
(a)(2)(B) (II.B) have not been met.
Sales and production at the subject facility increased in
2007 compared with 2006 and continued to increase in January
through April, 2008 compared with the same period in 2007.
The subject facility did not import nor did it shift
production of jewelry to a foreign country in the relevant
period.
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 assis-
tance (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 Gramercy Jewelry
Manufacturing Corporation, 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 10th day of June 2008
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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