Certified
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TAW-71716  /  Malibu-Kahlua International (White Plains, NY)

Petitioner Type: Workers
Impact Date: 07/09/2008
Filed Date: 07/17/2009
Most Recent Update: 11/23/2009
Determination Date: 11/23/2009
Expiration Date: 11/23/2011

DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-71,716

MALIBU-KAHLUA INTERNATIONAL
A SUBSIDIARY OF PERNOD RICARD USA, LLC
INCLUDING ON-SITE LEASED WORKERS FROM ACCOUNTEMPS, ADVANTAGE,
BROOK STREET STAFFING, FUTURE STAFFING, MICHAEL PAGE,
RANDSTAD, WOODMONT GROUP, AND ON-SITE INDEPENDENT CONSULTANTS
WHITE PLAINS, NEW YORK

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)) may 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 investigation was initiated in response to a petition
filed on July 9, 2009, on behalf of workers of Malibu-Kahlua
International, a subsidiary of Pernod Ricard USA, LLC, White
Plains, New York (Malibu-Kahlua). The workers are engaged in
activities related to advertising and marketing services. The
workers are not separately identifiable by service supplied.
The worker group also includes on-site leased workers from
Accountemps, Advantage, Brook Street Staffing, Future Staffing,
Michael Page, Randstad, Woodmont Group, and on-site independent
consultants.
The investigation revealed that workers of Malibu-Kahlua,
who are engaged in activities related to advertising and
marketing services, meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at the firm have been separated.
Criterion II has been met because there has been a shift
by Malibu-Kahlua to a foreign country of the supply of services
like or directly competitive with the advertising and marketing
services supplied by the workers.
Criterion III has been met because the shift in supply of
advertising and marketing services to Sweden contributed
importantly to worker group separations at Malibu-Kahlua.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Malibu-Kahlua, who
are engaged in employment related to advertising and marketing
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 Malibu-Kahlua International, a subsidiary
of Pernod Ricard USA, LLC, including on-site leased
workers from Accountemps, Advantage, Brook Street Staffing,
Future Staffing, Michael Page, Randstad, Woodmont Group,
and on-site independent consultants, White Plains, New
York, who became totally or partially separated from
employment on or after July 9, 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 23rd day of November, 2009


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance