DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,111

NEW DANA PERFUMES CORPORATION
MOUNTAINTOP, PENNSYLVANIA

Negative Determination 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 an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualifies as adversely affected
secondary workers as suppliers to a firm or subdivision primarily
affected by increased imports or a shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and



(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

The investigation was initiated on December 1, 2004 in
response to a petition filed on behalf of workers of New Dana
Perfumes Corporation, Mountaintop, Pennsylvania. Workers of the
subject firm produce perfumes, and are not separately identifiable
by specific fragrance.
The investigation revealed that criterion (2) has not been
met.
Petitioners alleges that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. It was revealed,
however, that the firm identified in the petition has not received
a certification of eligibility to apply for trade adjustment
assistance benefits.
The investigation also revealed that the subject firm did not
import perfumes, nor did it shift production to any foreign country
during 2002, 2003, or January through November 2004.
Furthermore, the Department of Labor surveyed the subject
firm's major customer regarding its purchases of perfumes. This
survey revealed the customer shifted production of all perfumes
intended for the domestic market to another domestic facility.
Although production of some perfumes intended for foreign markets
was shifted to a foreign country, that country is not party to a
free trade agreement with the United States, and none of the
perfume that will now be produced overseas will be imported back to
the United States.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor 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 worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of New Dana
Perfumes Corporation, Mountaintop, Pennsylvania are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, and alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 14th day of January 2005.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance