Petitioner Type: Workers
Impact Date:
Filed Date: 04/27/2004
Most Recent Update: 06/03/2004
Determination Date: 06/03/2004
Expiration Date:
Employment and Training Administration
TA-W-54,783
EIGHTH FLOOR PROMOTIONS, LLC
BLOOMINGTON, MINNESOTA
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 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 directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in either
of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. 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;
B. the sales or production, or both, of such firm or subdivision
have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. 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;
B. 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
C. One of the following must be satisfied:
1. 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;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. 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 on April 27, 2004 in response to
a petition filed on behalf of workers at Eighth Floor Promotions,
Bloomington, Minnesota. The workers at the subject firm produced
corporate awards.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm's imports of
corporate awards declined during the relevant period.
Furthermore, the investigation revealed that the subject firm
did not shift abroad the production of corporate awards.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of corporate awards.
These surveys revealed no increases in imports during the relevant
period.
Conclusion
After careful review, I determine that all workers of Eighth
Floor Promotions, Bloomington, Minnesota are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C. this 3rd day of June 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance