DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,692

PACIFIC PULSE
D/B/A/ FIREWIRE SURBOARDS
A/K/A FLUID DRIVE
SAN DIEGO, CALIFORNIA

Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance on August 1, 2008,
applicable to workers of Firewire Surfboards, San Diego,
California. The notice was published in the Federal Register on
August 12, 2008 (73 FR 46922).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of surfboards.
New information shows that the correct name of the subject
firm should read Pacific Pulse, d/b/a Firewire Surfboards, a/k/a


Fluid Drive, San Diego, California. Workers wages at the subject
firm are being reported under the Unemployment Insurance (UI) tax
account for Pacific Pulse, d/b/a Firewire Surfboards, a/k/a Fluid
Drive
Accordingly, the Department is amending this certification
to correctly identify the name of the subject firm.
The intent of the Department’s certification is to include
all workers of Pacific Pulse, d/b/a Firewire Surfboards, a/k/a
Fluid Drive who were adversely affected by increased imports of
surfboards.


The amended notice applicable to TA-W-63,692 is hereby
issued as follows:
"All workers of Pacific Pulse, d/b/a Firewire
Surfboards, a/k/a Fluid Drive, San Diego, California,
who became totally or partially separated from
employment on or after July 3, 2007 through August 1,
2010, are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974”, and;
I further determine that all workers of Pacific Pulse,
d/b/a Firewire Surfboards, a/k/a Fluid Drive, San
Diego, California, are denied eligibility to apply for
alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.

Signed at Washington, D.C. this 14th day of January 2009.


/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-63,692

FIREWIRE SURFBOARDS
SAN DIEGO, CALIFORNIA

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 in response to a petition
received on July 15, 2008, and filed on behalf of workers at
Firewire Surfboards, San Diego, California. The workers produced
surfboards.
The investigation revealed that the declines in employment at
the subject firm are related to the subject firm shifting its
production of surfboards abroad and subsequently importing those
products 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 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.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:

1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion 1 has not
been met.
The investigation revealed that none of the subject firm’s
employees are 50 years of age or older.
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 Thailand 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 import like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Firewire Surfboards, San Diego, California,
who became totally or partially separated from employment on
or after July 3, 2007, 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;
I further determine that all workers of Firewire Surfboards,
San Diego, California, are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed in Washington, D.C., this 1st day of August 2008


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







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