Petitioner Type: Company
Impact Date: 03/13/2013
Filed Date: 03/14/2014
Most Recent Update: 04/29/2014
Determination Date: 04/29/2014
Expiration Date: 04/29/2016
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,146
KEE ACTION SPORTS LLC
A SUBSIDIARY OF KEE ACTION SPORTS HOLDINGS INC.
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS TEMPORARY AGENCY
CLEARWATER, FLORIDA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade 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:
(1) a significant number or proportion of the workers in
such 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)(B)(i) there has been a shift in production by such
workers' firm or subdivision to a foreign country of
articles like or directly competitive with articles
which are produced by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary
under the African Growth and Opportunity Act, or the
Caribbean Basin Economic Act; or
(III) there has been or is likely to be an
increase in imports of articles that are like or
directly competitive with articles which are or were
produced by such firm or subdivision
The investigation was initiated in response to a petition
filed on March 14, 2014 on behalf of workers of KEE Action
Sports LLC, a subsidiary of KEE Action Sports Holdings Inc.,
including on-site leased workers from Express Temporary
Agency, Clearwater, Florida (hereafter referred to as ("KEE" or
"subject firm"). The workers' firm is engaged in activities
related to the production of paintballs.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in such workers' firm have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(a)(2)(B) has been met because the employment
decline is related to the shift in production of paintballs to a
foreign country that is party to a free trade agreement with the
United States.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
The Department has determined that Section 246
(a)(3)(A)(ii) has not been met. The investigation revealed that
workers in the workers' firm do not possess skills that are not
easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of KEE Action Sports
LLC, Clearwater, Florida, who are engaged in activities related
to the production of paintballs, 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 KEE Action Sports LLC, a subsidiary of
KEE Action Sports Holdings Inc., including on-site
leased workers from Express Temporary Agency,
Clearwater, Florida, who became totally or partially
separated from employment on or after March 13, 2013,
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, and I
further determine that all workers of KEE Action Sports
LLC, a subsidiary of KEE Action Sports Holdings Inc.,
including on-site leased workers from Express Temporary
Agency, Clearwater, Florida, are denied eligibility to
apply for alternative trade adjustmment assistance under
Section 246 of the Trade Act of 1974, as amended."."
Signed in Washington, D. C. this 29th day of April, 2014
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-85,146
KEE ACTION SPORTS LLC
A SUBSIDIARY OF KEE ACTION SPORTS HOLDINGS INC.
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS TEMPORARY AGENCY
CLEARWATER, FLORIDA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade 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:
(1) a significant number or proportion of the workers in
such 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)(B)(i) there has been a shift in production by such
workers' firm or subdivision to a foreign country of
articles like or directly competitive with articles
which are produced by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary
under the African Growth and Opportunity Act, or the
Caribbean Basin Economic Act; or
(III) there has been or is likely to be an
increase in imports of articles that are like or
directly competitive with articles which are or were
produced by such firm or subdivision
The investigation was initiated in response to a petition
filed on March 14, 2014 on behalf of workers of KEE Action
Sports LLC, a subsidiary of KEE Action Sports Holdings Inc.,
including on-site leased workers from Express Temporary
Agency, Clearwater, Florida (hereafter referred to as ("KEE" or
"subject firm"). The workers' firm is engaged in activities
related to the production of paintballs.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in such workers' firm have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(a)(2)(B) has been met because the employment
decline is related to the shift in production of paintballs to a
foreign country that is party to a free trade agreement with the
United States.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
The Department has determined that Section 246
(a)(3)(A)(ii) has not been met. The investigation revealed that
workers in the workers' firm do not possess skills that are not
easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of KEE Action Sports
LLC, Clearwater, Florida, who are engaged in activities related
to the production of paintballs, 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 KEE Action Sports LLC, a subsidiary of
KEE Action Sports Holdings Inc., including on-site
leased workers from Express Temporary Agency,
Clearwater, Florida, who became totally or partially
separated from employment on or after March 13, 2013,
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, and I
further determine that all workers of KEE Action Sports
LLC, a subsidiary of KEE Action Sports Holdings Inc.,
including on-site leased workers from Express Temporary
Agency, Clearwater, Florida, are denied eligibility to
apply for alternative trade adjustmment assistance under
Section 246 of the Trade Act of 1974, as amended."."
Signed in Washington, D. C. this 29th day of April, 2014
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance