Certified
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TAW-74532  /  Whaling Distributors, Inc. (Fall River, MA)

Petitioner Type: Company
Impact Date: 08/21/2009
Filed Date: 08/18/2010
Most Recent Update: 09/10/2010
Determination Date: 09/10/2010
Expiration Date: 09/10/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,532

WHALING DISTRIBUTORS, INC.
A SUBSIDIARY OF AMINICOR, INC.
FALL RIVER, MASSACHUSETTS

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. See 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 August 18, 2010, by a company official on behalf of
workers of Whaling Distributors, Inc., a subsidiary of
Aminicor, Inc., Fall River, Massachusetts (Whaling
Distributors, Inc.). The workers produce outerwear including
rainwear and class A jackets.
The workers at the subject firm were previously certified
eligible to apply for Trade Adjustment Assistance. The
certification expired on August 20, 2009.
The investigation revealed that workers of Whaling
Distributors, Inc. who are engaged in employment related to
the production of outwear meet the criteria for certification.
Criterion I has been met because employment at the
subject facility declined by at least five percent during the
period under investigation.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of an article
like or directly competitive with the article produced by the
workers.


Criterion III has been met because the shift of outerwear to
China by Whaling Distributors, Inc. contributed importantly to
worker group separations at Whaling Distributors, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Whaling Distributors,
Inc., a subsidiary of Aminicor, Inc., Fall River,
Massachusetts, who are engaged in employment related to the
production of outerwear 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 Whaling Distributors, Inc., a subsidiary
of Aminicor, Inc., Fall River, Massachusetts, who became
totally or partially separated from employment on or after
August 21, 2009, 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 10th day of September, 2010.


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