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TAW-70032  /  Mega Brands America, Inc. (Livingston, NJ)

Petitioner Type: State
Impact Date: 05/18/2008
Filed Date: 05/18/2009
Most Recent Update: 12/08/2009
Determination Date: 12/08/2009
Expiration Date: 12/08/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,032

MEGA BRANDS AMERICA, INC.
FORMERLY KNOWN AS ROSE ART INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM AJILON PROFESSIONAL
STAFFING, LLC, ACCOUNTTEMPS, GREYSTONE STAFFING, AND SNELLING
LIVINGSTON, NEW JERSEY

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) will be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. (Set forth in Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii)).

The petitioning worker group may also be certified eligible
to apply for Trade Adjustment Assistance if the criteria set
forth in Section 222(a)(2)(A) are met:
(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on May 18, 2009, on behalf of workers of Mega Brands
America, Inc., formerly known as Rose Art Industries, Inc.,
Livingston, New Jersey (Mega Brands America). Workers at the
subject firm are engaged in supply chain and operations,
administration, sales and marketing (accounting), and product
development (design) for children's activities kits. The
workers are separately identifiable by service supplied.
The worker group consists of on-site leased workers from
Ajilon Professional Staffing, LLC, Accountemps, Greystone
Staffing, and Snelling.
The investigation revealed that workers of Mega Brands
America, who are engaged in activities related to supply chain
and operations, administration, sales and marketing
(accounting), and product development (design) for children's
activities kits, meet the criteria for certification.
With regard to workers engaged in supply chain and
operations, administration, sales and marketing (accounting),
Criterion I has been met because a significant number or
proportion of workers at Mega Brands America have been
separated during the relevant period.
Criterion II has been met because there has been a shift
by Mega Brands America to a foreign country in the supply of
services like or directly competitive with supply chain and
operations, administration, sales and marketing (accounting)
services supplied by the workers.
Criterion III has been met because the shift in supply of
chain and operations, administration, sales and marketing
(accounting) services to Canada contributed importantly to
worker group separations at Mega Brands America, Livingston,
New Jersey.
With regard to workers engaged in product development
(design), Section 222(a)(1) has been met because a significant
number or proportion of workers at Mega Brands America have
been separated during the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production at Mega Brands America have decreased during
the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with children's
activities kits which are produced directly using services
supplied by Mega Brands have increased during the relevant
period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports by customers of Mega Brands America
contributed importantly to worker separations and
sales/production declines at Mega Brands America, Livingston,
New Jersey.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Mega Brands America,
Inc., Livingston, New Jersey, who are engaged in employment
related to supply chain and operations, administration, sales
and marketing (accounting), and product development (design) for
children's activities kits, meet the worker group certification
criteria under Section 222(a) of the Act, 19 U.S.C. § 2272(a).
In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I
make the following certification:


"All workers of Mega Brands America, Inc., formerly known
as Rose Art Industries, Inc., including on-site leased
workers from Ajilon Professional Staffing, LLC,
Accountemps, Greystone Staffing, and Snelling, Livingston,
New Jersey, who became totally or partially separated from
employment on or after May 18, 2008, through two years from
the date of certification, and all workers in the group
threatened with total or partial separation from employment
on date of certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 8th day of December, 2009

/s/Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance