Certified
« back to search results

TAW-85735  /  Verge America Ltd. (New Windsor, NY)

Petitioner Type: Workers
Impact Date: 12/16/2013
Filed Date: 12/18/2014
Most Recent Update: 03/13/2015
Determination Date: 03/13/2015
Expiration Date: 03/13/2017

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,735

VERGE AMERICA LTD.
NEW WINDSOR, NEW YORK

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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 December 18, 2014 on behalf of workers of Verge America
LTD., New Windsor, New York. The subject workers are engaged
activities related to the production of design and artwork for
sportswear.
During the course of the investigation, information was
collected from the workers' firm.
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 articles to a
foreign country and there has been or is likely to be an
increase in imports of like or directly competitive articles.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for Alternative Trade Adjustment Assis-
tance (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).

Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years of
age or older. Section 246(a)(3)(A)(ii)(II) has been met because
the workers in the workers' firm possess skills that are not
easily transferrable. Section 246(a)(3)(A)(ii)(III) has been met
because conditions within the workers' industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the workers of Verge America LTD.,
New Windsor, New York, who are engaged in activities related to
the production of design and artwork for sportswear, 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 Verge America LTD., New Windsor, New York,
who became totally or partially separated from employment on
or after December 16, 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 are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, as amended."
Signed in Washington, D.C. this 13th day of March, 2015


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