Petitioner Type: State
Impact Date: 02/03/2021
Filed Date: 02/04/2022
Most Recent Update: 03/16/2022
Determination Date: 03/16/2022
Expiration Date: 03/16/2024
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-98,189
LEGENDARY HEADWEAR, LLC
A WHOLLY OWNED SUBSIDIARY OF OUTDOOR CAP COMPANY
SAN DIEGO, CALIFORNIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 223 of the Trade Act of 1974, as
amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor
("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance ("TAA") for workers.
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 insuch workers' firm, or an appropriate subdivision of thefirm, have become totally or partially separated, or arethreatened to become totally or partially separated.
(2)(B)(i) there has been a shift in production by suchworkers' firm or subdivision to a foreign country ofarticles like or directly competitive with articles whichare 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 hasshifted 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 Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated February 3, 2022 and
filed on February 4, 2022 by State Workforce Office, on behalf of
former workers of Legendary Headwear, LLC, a wholly owned
subsidiary of Outdoor Cap Company, San Diego, California
(hereafter referred to as the "worker group"). In accordance with
20 CFR 618.110 a worker group is defined as, ""¦inclusive of
teleworkers and staffed workers."
The worker group is engaged in activities related to the
production of headgear.
The petition alleges that worker separations, or threats
thereof, were due to shift of article manufacturing to Mexico.
During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.
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 a shift in
production of Legendary Headwear, LLC to a foreign country that is
party to a free trade agreement with the United States.
ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 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).
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.
Finally, 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 workers of Legendary Headwear,
LLC, a wholly owned subsidiary of Outdoor Cap Company, San Diego,
California, who are engaged in activities related to the
production of headgear 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 Legendary Headwear, LLC, a wholly owned
subsidiary of Outdoor Cap Company, San Diego, California,
who became totally or partially separated from employment on
or after February 3, 2021, 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 16th day of March, 2022
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance