Certified
« back to search results

TAW-71106  /  Paris Accessories, Inc. (Kutztown, PA)

Petitioner Type: Union
Impact Date: 05/27/2008
Filed Date: 06/09/2009
Most Recent Update: 02/25/2010
Determination Date: 02/25/2010
Expiration Date: 05/27/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,106

PARIS ACCESSORIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM JOB CONNECTIONS
NEW SMITHVILLE, PENNSYLVANIA

TA-W-71,106A

PARIS ACCESSORIES, INC.
ALLENTOWN, PENNSYLVANIA

Amended 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
issued a Notice of Revised Determination on Reconsideration
applicable to workers of Paris Accessories, Inc., including on-
site leased workers from Job Connections, New Smithville,
Pennsylvania. The Notice of revised determination was issued on
May 27, 2010. The Notice was published in the Federal Register
on June 16, 2010 (75 FR 34180). The workers of the subject firm
are engaged in employment related to the assembly and packaging
of accessories.
The company official reports that workers from the New
Smithville, Pennsylvania facility also worked at the
Allentown, Pennsylvania facility. Further, the workers moved
interchangeably between the two facilities.
Based on these findings, the Department is amending this
certification to include workers of Paris Accessories, Inc.,
Allentown, Pennsylvania.
The amended notice applicable to TA-W-71,106 is hereby
issued as follows:
“All workers of Paris Accessories, Inc., New Smithville,
Pennsylvania (TA-W-71,106) and all workers of Paris
Accessories, Inc., Allentown, Pennsylvania (TA-W-71,106A)
who became totally or partially separated from employment
on or after May 27, 2008 through May 27, 2012, and all
workers in the group threatened with total or partial
separation from employment on or after May 27, 2010 through
May 27, 2012, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended.”
Signed in Washington, DC, this 8th day of July, 2010
/s/ Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,106

PARIS ACCESSORIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM JOB CONNECTIONS
NEW SMITHSVILLE, PENNSYLVANIA

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (c)
or (f) of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f).
For the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the
following three criteria must be met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(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)) may be satisfied in one of two
ways:


(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm
must have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers’ firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers’ firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers’ firm was directly incorporated have
increased.

(B) Shift in Production or Supply Path:
(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 increase in imports
or shift/acquisition must have contributed importantly to
the workers’ separation or threat of separation. See
Sections 222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act,
19 U.S.C. §§ 2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms “Supplier“ and “Downstream Producer.“ For the Department
to issue a secondary worker certification under Section 222(c)
of the Act, 19 U.S.C. § 2272(c), to workers of a Supplier or a
Downstream Producer, the following criteria must be met:
(1) a significant number or proportion of the workers in
the workers’ firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2) the workers’ firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

(3) either
(A) the workers’ firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
described in paragraph (2) contributed importantly to
the workers’ separation or threat of separation.

Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(f) of the Act, 19 U.S.C. § 2272(f).
The group eligibility requirements for workers of a firm
under Section 222(f) of the Act, 19 U.S.C. § 2272(f), can be
satisfied if the following criteria are met:
(1) the workers’ firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));
(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on June 9, 2009 on behalf of workers of Paris Accessories,
Inc., New Smithville, Pennsylvania. The workers are engaged in
warehousing distribution center services such as quality
control, fork lift operations, packaging and shipment services.
The workers are not separately identifiable by services. The
worker group includes on-site leased workers from Job
Connections.
With respect to Section 222(a) of the Act, the
investigation revealed that Criterion II has not been met. The
subject firm did not import services like or directly
competitive with the services performed at the subject firm
during 2007, 2008 and January through May 2009, nor did it
shift or acquire these services abroad during the same period.
With respect to Section 222(c) of the Act, the
investigation revealed that Criterion II has not been met. The
workers did not supply a service that was used by a firm with
a Trade Adjustment Assistance (TAA) certification.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the workers’ firm has not been identified in an
affirmative finding of injury by the International Trade
Commission.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Paris Accessories,
Inc., including on-site leased workers from Job Connections, New
Smithville, Pennsylvania, who provided warehouse distribution
center services are denied eligibility to apply for adjustment
assistance under Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 25th day of February, 2010

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