Petitioner Type: Workers
Impact Date: 09/01/2003
Filed Date: 09/15/2004
Most Recent Update: 10/19/2004
Determination Date: 10/19/2004
Expiration Date: 10/19/2006
Employment and Training Administration
TA-W-55,611
KM COMPANY
INCLUDING ON-SITE LEASED WORKERS OF
ANGKOR
SAN FRANCISCO, CALIFORNIA
Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on October 19, 2004,
applicable to workers of KM Company, San Francisco, California.
The notice was published in the Federal Register on November 12,
2004 (69 FR 65462).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. New
information shows that leased employees of AngKor were working
on-site at KM Company, San Francisco, California.
Based on these findings, the Department is amending this
certification to include workers of AngKor working on-site at KM
Company, San Francisco, California.
The intent of the Department's certification is to include
all workers at KM Company, who were adversely affected by
increased imports.
The amended notice applicable to TA-W-55,611 is hereby
issued as follows:
"All workers of KM Company, San Francisco, California,
including leased on-site workers of AngKor, who became
totally or partially separated from employment on or
after September 1, 2003, through October 19, 2006, 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 at Washington, D.C., this 5th day of January 2005.
/s/ Linda G. Poole
________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,611
KM COMPANY
SAN FRANCISCO, CALIFORNIA
Certification Regarding Eligibility to Apply for
Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its 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 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.
The investigation was initiated on September 15, 2004, in
response to a petition filed on behalf of workers at the KM
Company, San Francisco, California. The workers of the subject
firm produced women’s and girls’ active wear.
The investigation revealed that the subject firm is closed.
The Department of Labor surveyed the subject firm’s major
declining customer regarding its purchases of women’s and girls’
active wear. This survey revealed increases in imports of women’s
and girls’ active wear during the period under investigation.
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 industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with women’s and girls’ active wear
produced by KM Company, San Francisco, California, contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
“All workers of KM Company, San Francisco, California who
became totally or partially separated from employment on or
after September 1, 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 at Washington, D.C., this 19th day of October, 2004.
/s/ Linda G. Poole
__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance