Petitioner Type: Company
Impact Date: 04/10/2001
Filed Date: 05/06/2002
Most Recent Update: 06/25/2002
Determination Date: 06/25/2002
Expiration Date: 10/16/2004
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,467
I.C. ISAACS & CO., INC.
NEW YORK, NEW YORK
Notice of Revised Determination
on Reconsideration
By application of August 1, 2002, the company requested administrative reconsideration regarding the Department=s Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm.
The initial investigation resulted in a negative determination, based on the finding that the workers of I.C. Isaacs & Co., Incorporated did not produce jeans, t-shirts and men's polo shirts during the relevant period. The denial notice was signed on June 25, 2002 and published in the Federal Register on July 9, 2002 (67 FR 455501).
The company on reconsideration provided additional information concerning the functions performed by the subject firm and further indicated that various firm functions were transferred to a third party independent contractor located in Asia during the relevant period.
This data, in conjunction with data provided in the initial investigation, shows that the firm was an apparel manufacturer during the relevant period.
On further review it has been determined that the firm's sales and employment declined during the relevant period.
The investigation also revealed that a meaningful portion of the functions performed by the subject firm workers were shifted to a foreign third party independent contractor and the company subsequently increased their imports of jeans, t-shirts and men's polo shirts from that foreign source during the relevant period.
Conclusion
After careful consideration of the new facts obtained on reconsideration, it is concluded that increased imports of jeans, t-shirts and men's polo shirts, contributed importantly to the decline in production and to the total or partial separation of workers at I.C. Isaacs & Co., Inc., New York, New York. In accordance with the provisions of the Act, I make the following revised determination:
"Workers of I.C. Isaacs & Co., Inc., New York, New York, who became totally or partially separated from employment on or after April 10, 2001 through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 16th day of October 2002.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,467
I.C. ISAACS & CO., INC.
NEW YORK, NEW YORK
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273) as amended by the Omnibus Trade and Competitiveness Act of 1988 (P. L. 100-418), the Department of Labor herein presents the results of an investigation regarding certification of eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a certification of eligibility to apply for adjustment assistance, each of the group eligibility requirements of Section 222 of the Act must be met:
(1) that a significant number or proportion of the workers in the workers' firm, or an appropriate subdivision thereof, have become totally or partially separated, or are threatened to become totally or partially separated;
(2) that sales or production, or both, of the firm or subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or appropriate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.
The investigation was initiated on May 6, 2002, in response to a petition filed by the company on behalf of workers at of I.C. Isaacs & Co., Inc., New York, New York. The workers produced jeans, t-shirts, and men's polo shirts.
The investigation revealed that criterion (2) was not met.
The subject firm has not domestically produced jeans, t-shirts, and men's polo shirts in the relevant periods.
Conclusion
After careful review, I determine that all workers of I.C. Isaacs & Co., Inc., New York, New York, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 25th day of June, 2002.
/s/ Linda G. Poole
_________________________________
LINDA G. POOLE
Certifying Officer, Division of Trade Adjustment Assistance
Employment and Training Administration
TA-W-41,467
I.C. ISAACS & CO., INC.
NEW YORK, NEW YORK
Notice of Revised Determination
on Reconsideration
By application of August 1, 2002, the company requested administrative reconsideration regarding the Department=s Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm.
The initial investigation resulted in a negative determination, based on the finding that the workers of I.C. Isaacs & Co., Incorporated did not produce jeans, t-shirts and men's polo shirts during the relevant period. The denial notice was signed on June 25, 2002 and published in the Federal Register on July 9, 2002 (67 FR 455501).
The company on reconsideration provided additional information concerning the functions performed by the subject firm and further indicated that various firm functions were transferred to a third party independent contractor located in Asia during the relevant period.
This data, in conjunction with data provided in the initial investigation, shows that the firm was an apparel manufacturer during the relevant period.
On further review it has been determined that the firm's sales and employment declined during the relevant period.
The investigation also revealed that a meaningful portion of the functions performed by the subject firm workers were shifted to a foreign third party independent contractor and the company subsequently increased their imports of jeans, t-shirts and men's polo shirts from that foreign source during the relevant period.
Conclusion
After careful consideration of the new facts obtained on reconsideration, it is concluded that increased imports of jeans, t-shirts and men's polo shirts, contributed importantly to the decline in production and to the total or partial separation of workers at I.C. Isaacs & Co., Inc., New York, New York. In accordance with the provisions of the Act, I make the following revised determination:
"Workers of I.C. Isaacs & Co., Inc., New York, New York, who became totally or partially separated from employment on or after April 10, 2001 through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 16th day of October 2002.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,467
I.C. ISAACS & CO., INC.
NEW YORK, NEW YORK
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273) as amended by the Omnibus Trade and Competitiveness Act of 1988 (P. L. 100-418), the Department of Labor herein presents the results of an investigation regarding certification of eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a certification of eligibility to apply for adjustment assistance, each of the group eligibility requirements of Section 222 of the Act must be met:
(1) that a significant number or proportion of the workers in the workers' firm, or an appropriate subdivision thereof, have become totally or partially separated, or are threatened to become totally or partially separated;
(2) that sales or production, or both, of the firm or subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or appropriate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.
The investigation was initiated on May 6, 2002, in response to a petition filed by the company on behalf of workers at of I.C. Isaacs & Co., Inc., New York, New York. The workers produced jeans, t-shirts, and men's polo shirts.
The investigation revealed that criterion (2) was not met.
The subject firm has not domestically produced jeans, t-shirts, and men's polo shirts in the relevant periods.
Conclusion
After careful review, I determine that all workers of I.C. Isaacs & Co., Inc., New York, New York, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 25th day of June, 2002.
/s/ Linda G. Poole
_________________________________
LINDA G. POOLE
Certifying Officer, Division of Trade Adjustment Assistance