Petitioner Type: State
Impact Date: 07/07/2008
Filed Date: 07/08/2009
Most Recent Update: 01/20/2010
Determination Date: 01/20/2010
Expiration Date: 05/19/2012
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-71,600
THE GEMOLOGICAL INSTITUTE OF AMERICA
CARLSBAD, CALIFORNIA
TA-W-71,600A
THE GEMOLOGICAL INSTITUTE OF AMERICA
NEW YORK, NEW YORK
Notice of Revised Determination
on Reconsideration
The initial investigation, initiated on July 8, 2009, resulted
in a negative determination, issued on January 20, 2010, that was
based on the findings that the workers’ firm did not import
services like or directly competitive with the services performed
by the workers in 2007, 2008, or in January through June 2009 nor
did the firm shift those services to a foreign country during the
relevant time period; and that the workers’ firm is not a supplier
or downstream producer to a firm with a TAA-certified worker group.
The notice of negative determination was published in the Federal
Register on March 5, 2010 (75 FR 10323).
To support the request for reconsideration, the petitioner
asserted that there had been a shift in production from the United
States to India.
During the request for reconsideration, the Department obtained
additional information that, since 2007, the subject firm had
significantly increased its reliance on revenues from its overseas
operations.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of The Gemological
Institute of America, Carlsbad, California and New York, New York,
who provide jewelry grading and educational services, 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 The Gemological Institute of America,
Carlsbad, California (TA-W-71,600) and The Gemological
Institute of America, New York, New York (TA-W-71,600A), who
became totally or partially separated from employment on or
after July 7, 2008, through two years from the date of this
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 19th day of May, 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-71,600
THE GEMOLOGICAL INSTITUTE OF AMERICA
CARLSBAD, CALIFORNIA
TA-W-71,600A
THE GEMOLOGICAL INSTITUTE OF AMERICA
NEW YORK, NEW YORK
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 July 8, 2009, by a state agency representative on behalf
of workers of The Gemological Institute of America, Carlsbad,
California (TA-W-71,600) and The Gemological Institute of America,
New York, New York (TA-W-71,600A). Workers supply jewelry grading
and educational services. The petitioner alleged that the services
were being shifted to India and Africa.
With respect to Section 222(a) of the Act, the investigation
revealed that criterion II has not been met. The workers’ firm
did not import services like or directly competitive with the
services performed by the workers in 2007, 2008, or in January
through June 2009 nor did the firm shift those services to a
foreign country during the relevant period. Criterion III has
not been met because the worker separations are not attributable
to increase imports or a shift to/acquisition from a foreign
country.
With respect to Section 222(c) of the Act, the investigation
revealed that criterion II has not been met. The workers’ firm is
not a supplier or downstream producer to a firm with a TAA-
certified worker group.
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 ITC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of The Gemological
Institute of America, Carlsbad, California (TA-W-71,600) and The
Gemological Institute of America, New York, New York (TA-W-71,600A)
who supply services for jewelry grading and education 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 20th day of January, 2010
/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-71,600
THE GEMOLOGICAL INSTITUTE OF AMERICA
CARLSBAD, CALIFORNIA
TA-W-71,600A
THE GEMOLOGICAL INSTITUTE OF AMERICA
NEW YORK, NEW YORK
Notice of Revised Determination
on Reconsideration
The initial investigation, initiated on July 8, 2009, resulted
in a negative determination, issued on January 20, 2010, that was
based on the findings that the workers’ firm did not import
services like or directly competitive with the services performed
by the workers in 2007, 2008, or in January through June 2009 nor
did the firm shift those services to a foreign country during the
relevant time period; and that the workers’ firm is not a supplier
or downstream producer to a firm with a TAA-certified worker group.
The notice of negative determination was published in the Federal
Register on March 5, 2010 (75 FR 10323).
To support the request for reconsideration, the petitioner
asserted that there had been a shift in production from the United
States to India.
During the request for reconsideration, the Department obtained
additional information that, since 2007, the subject firm had
significantly increased its reliance on revenues from its overseas
operations.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of The Gemological
Institute of America, Carlsbad, California and New York, New York,
who provide jewelry grading and educational services, 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 The Gemological Institute of America,
Carlsbad, California (TA-W-71,600) and The Gemological
Institute of America, New York, New York (TA-W-71,600A), who
became totally or partially separated from employment on or
after July 7, 2008, through two years from the date of this
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 19th day of May, 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-71,600
THE GEMOLOGICAL INSTITUTE OF AMERICA
CARLSBAD, CALIFORNIA
TA-W-71,600A
THE GEMOLOGICAL INSTITUTE OF AMERICA
NEW YORK, NEW YORK
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 July 8, 2009, by a state agency representative on behalf
of workers of The Gemological Institute of America, Carlsbad,
California (TA-W-71,600) and The Gemological Institute of America,
New York, New York (TA-W-71,600A). Workers supply jewelry grading
and educational services. The petitioner alleged that the services
were being shifted to India and Africa.
With respect to Section 222(a) of the Act, the investigation
revealed that criterion II has not been met. The workers’ firm
did not import services like or directly competitive with the
services performed by the workers in 2007, 2008, or in January
through June 2009 nor did the firm shift those services to a
foreign country during the relevant period. Criterion III has
not been met because the worker separations are not attributable
to increase imports or a shift to/acquisition from a foreign
country.
With respect to Section 222(c) of the Act, the investigation
revealed that criterion II has not been met. The workers’ firm is
not a supplier or downstream producer to a firm with a TAA-
certified worker group.
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 ITC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of The Gemological
Institute of America, Carlsbad, California (TA-W-71,600) and The
Gemological Institute of America, New York, New York (TA-W-71,600A)
who supply services for jewelry grading and education 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 20th day of January, 2010
/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
- 2 -