Certified
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TAW-64911  /  J. Kinderman and Sons, Inc. (Philadelphia, PA)

Petitioner Type: Workers
Impact Date: 10/14/2008
Filed Date: 01/15/2009
Most Recent Update: 02/26/2009
Determination Date: 02/26/2009
Expiration Date: 02/26/2011

DEPARTMENT OF LABOR

Employment and Training Administration


TA-W-64,911

J. KINDERMAN AND SONS, INCORPORATED
BBRITE STAR MANUFACTURING COMPANY
PHILADELPHIA, PENNSYLVANIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents
the results of its 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)(A) of Section 222 have been met.
The investigation was initiated on January 15, 2009, in
response to a petition filed on behalf of the workers of J.
Kinderman and Sons, Incorporated, Brite Star Manufacturing
Company, Philadelphia, Pennsylvania. The workers are engaged in
activities related to the production of tinsel/icicles. The
workers are not separately identifiable by products produced.
The worker group was under an existing Trade Adjustment
Assistance certification (TA-W-60,119) that expired on October
13, 2008.
The investigation revealed employment and sales at the
subject firm declined during the relevant period.
The Department of Labor conducted a survey of the subject
firm's declining customers regarding purchases of tinsel/icicles
during 2007 and 2008. The survey revealed increased purchases of
imported tinsel/icicles 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 facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with tinsel/icicles produced by J.
Kinderman and Sons, Incorporated, Brite Star Manufacturing
Company, Philadelphia, Pennsylvania, 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 J. Kinderman and Sons, Incorporated, Brite
Star Manufacturing Company, Philadelphia, Pennsylvania, who
became totally or partially separated from employment on or
after October 14, 2008 through two years from the date of
certification, are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974, and are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C., this 26th day of February 2009


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance