[Federal Register: April 25, 2005 (Volume 70, Number 78)]
[Notices]
[Page 21251-21252]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap05-77]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-56,274]
Shane-Hunter, Inc., San Francisco, CA; Notice of Revised
Determination on Reconsideration
On March 15, 2005, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable to
workers and former workers of the subject firm. The Notice of
determination will soon be published in the Federal Register.
The Department initially denied Trade Adjustment Assistance (TAA)
to workers of Shane-Hunter, Inc., San Francisco, California because the
subject
[[Page 21252]]
company's sales and production increased during the relevant period and
the subject company did not shift production abroad. Workers were
engaged in employment related to the production of women's and
children's garments and were not separately identifiable by product
line.
In the request for reconsideration, the petitioner alleged that the
subject company shifted garment production abroad and is increasing
reliance upon imports.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment Assistance,
the group eligibility requirements in either paragraph (a)(2)(A) or
(a)(2)(B) of Section 222 of the Trade Act must be met. It is determined
in this case that the requirements of (a)(2)(A) of Section 222 have
been met.
During the reconsideration investigation, the Department requested
additional information and clarification from the subject company. The
investigation revealed that during the relevant period, the subject
company's domestic production levels and employment levels declined and
that the subject company increased its reliance on imports of articles
like or directly competitive with those produced at the subject
company.
In accordance with Section 246 the Trade Act of 1974 (26 U.S.C.
2813), as amended, the Department herein presents the results of its
investigation regarding certification of eligibility to apply for
Alternative Trade Adjustment Assistance (ATAA) for older workers.
In order for the Department to issue a certification of eligibility
to apply for ATAA, the group eligibility requirements of Section 246 of
the Trade Act must be met.
The Department has determined in this case that the requirements of
Section 246 have been met. A significant number of workers at the firm
are age 50 or over and possess skills that are not easily transferable.
Competitive conditions within the garment industry are adverse.
Conclusion
After careful review of the facts obtained in the reconsideration
investigation, I determine that increases of imports of articles like
or directly competitive with those produced at the subject firm
contributed importantly to the decline in sales or production and to
the total or partial separation of workers of that firm. In accordance
with the provisions of the Act, I make the following certification:
All workers of Shane-Hunter, Inc., San Francisco, California,
who became totally or partially separated from employment on or
after December 15, 2003 through two years from the date of
certification are eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are also eligible to apply
for alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, DC this 25th day of March 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-1925 Filed 4-22-05; 8:45 am]
BILLING CODE 4510-30-P