Denied
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TAW-63845  /  Monster Cable Products (Brisbane, CA)

Petitioner Type: Workers
Impact Date:
Filed Date: 08/11/2008
Most Recent Update: 08/27/2008
Determination Date: 08/27/2008
Expiration Date:


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,845

MONSTER CABLE PRODUCTS, INC.
DISTRIBUTION CENTER, SHIPPING & RECEIVING,
INVENTORY CONTROL AND QUALITY CONTROL DEPARTMENTS
BRISBANE, CALIFORNIA

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 August 11, 2008 in response
to a petition filed by workers of Monster Cable Products, Inc.,
Distribution Center, Shipping & Receiving, Inventory Control, and
Quality Control Departments, Brisbane, California. The workers
performed distribution center activities related to products
manufactured abroad. Tasks included receiving finished products,
shipping orders to customers, driving forklifts, inventory
analysis, and other general warehousing tasks.
The investigation revealed that Monster Cable Products, Inc.,
Brisbane, California, does not produce and article within the
meaning of Section 222(a)(2) of the Act. 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 distribution center workers do not support a firm
or appropriate subdivision that produces an article domestically
and thus the worker group cannot be considered import impacted or
affected by a shift in production of an article.
Workers of the subject firm producing cable were previously
certified eligible to apply for trade adjustment assistance under
TA-W-59,391 on June 21, 2006 due to increased company imports of
like or directly competitive with cable products. The company's
exclusive reliance on imported products took place well prior to
one year before the date of this petition however.

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 Monster Cable
Products, Inc., Distribution Center, Shipping & Receiving,
Inventory Control, and Quality Control Departments, Brisbane,
California 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.
Signed in Washington, D.C., this 27th day of August 2008


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