Certified
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TAW-94866  /  Swimways Corporation (Virginia Beach, VA)

Petitioner Type: State
Impact Date: 05/31/2018
Filed Date: 06/03/2019
Most Recent Update: 07/24/2019
Determination Date: 07/24/2019
Expiration Date: 07/24/2021

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,866

SWIMWAYS CORPORATION
A WHOLLY OWNED SUBSIDIARY OF SPIN MASTER CORP
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, RANDSTAD, AND ALLIED FORCES
VIRGINIA BEACH, VIRGINIA

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:
(1) 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;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on June 3, 2019 by a state workforce office on behalf of
the workers of Swimways Corporation, a wholly owned subsidiary
of Spin Master Corp, including on-site leased workers from
Aerotek, Randstad, and Allied Forces, Virginia Beach, Virginia
(herein referred to as "Swimways Corporation").
The workers' firm is engaged in activities related to the
production of pool toys, floats and outdoor furniture. The
subject worker group also includes remote workers from Florida,
Ohio, Arkansas, and Arizona.
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 workers'
firm has shifted to a foreign country the production of articles
like or directly competitive with the articles produced by the
workers which contributed importantly to worker group
separations at Swimways Corporation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Swimways Corporation,
a wholly owned subsidiary of Spin Master Corp, including on-
site leased workers from Aerotek, Randstad, and Allied Forces,
Virginia Beach, Virginia, who are engaged in activities related
to the production pool toys, floats and outdoor furniture, 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 workers of Swimways Corporation, a
wholly owned subsidiary of Spin Master Corp, including
on-site leased workers from Aerotek, Randstad, and Allied
Forces, Virginia Beach, Virginia, who became totally or
partially separated from employment on or after May 31,
2018 through two years from the date of certification, and
all workers in the group threatened with total or partial
separation from employment on the 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 24th day of July 2019.

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance