DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,019

SEA GULL LIGHTING PRODUCTS, LLC
A SUBSIDIARY OF GENERATION BRANDS
RIVERSIDE, NEW JERSEY

Notice of Negative Determination
on Reconsideration

The initial investigation, initiated March 2, 2011, resulted
in a negative determination, issued on July 20, 2011, that was
based on the finding that the predominant cause of worker
separations at the subject facility were unrelated to imports or
a shift in production. The determination was applicable to
workers and former workers of Sea Gull Lighting Products, LLC, a
subsidiary of Generation Brands, Riverside, New Jersey (subject
firm). The notice of negative determination was published in the
Federal Register on August 12, 2011 (76 FR 50270). The workers’
firm is engaged in activities related to the supply of corporate
office support services for imported residential lighting fixtures.
Specifically, the worker group supplies customer service,
purchasing, accounting, sales, marketing, human resources, quality
control and inspection and product development services. Workers
at the subject firm were previously certified eligible to apply for
TAA under TA-W-63,130 which expired on October 6, 2010.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the subject
firm did not shift the supply of services to a foreign country or
import services like or directly competitive with those supplied
by the subject firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased imports of services like or
directly competitive with the services supplied by the subject
workers by the subject firm or its customers. Further, aggregate
U.S. imports of such services have not increased.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift the
supply of corporate office support services for imported
residential lighting fixtures (or a like or directly competitive
service) to a foreign county or acquire such services from a
foreign county.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that the subject firm is not a Supplier to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the Act, 19
U.S.C. § 2272(a).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that the subject firm does not act as a
Downstream Producer to a firm (or subdivision, whichever is
applicable) that employed a group of workers who received a
certification of eligibility under Section 222(a) of the Act, 19
U.S.C. § 2272(a).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been met since the workers’ firm has
not been publically identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in an affirmative finding of serious injury, market
disruption, or material injury, or threat thereof.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of Sea Gull
Lighting Products, LLC, a subsidiary of Generation Brands,
Riverside, New Jersey, who were engaged in employment related to
the supply of corporate office support services for imported
residential lighting fixtures, to apply for adjustment assistance,
in accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 25th day of November, 2011

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,019

SEA GULL LIGHTING PRODUCTS, LLC
A SUBSIDIARY OF GENERATION BRANDS
RIVERSIDE, NEW JERSEY

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974,
as amended (“Act”), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and
(b) of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b).
For the Department of Labor to issue a certification for
workers under Section 222(a) of the Act, 19 U.S.C. § 2272(a),
the following three criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of
the Act, 19 U.S.C. § 2272(a)(1)) requires that 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
(2) The second criterion (set forth in Section 222(a)(2) of
the Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one
of two ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm
must have decreased absolutely, AND
(ii) imports of articles like or directly competitive
with articles produced by such firm or subdivision
have increased; and
(iii) the increase described in clause (ii) contributed
importantly to such workers’ separation or threat of
separation and to the decline in the sales or
production of such firm or subdivision.

(B) Shift in Production Path:
(i) 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
(ii)(I) 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;
(II)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
(III)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.

For the Department to issue a secondary worker
certification under Section 222(b) of the Act, 19 U.S.C. §
2272(b), to workers of a Supplier or a Downstream Producer, the
following criteria 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 is a Supplier or Downstream
Producer to a firm that employed a group of workers
who received a certification of eligibility under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), 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 to the firm 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
described in paragraph (2) contributed importantly
to the workers’ separation or threat of separation.
Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines
the terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on March 2, 2011 on behalf of workers of Sea Gull
Lighting Products, LLC, a subsidiary of Generation Brands,
Riverside, New Jersey. The workers’ firm is engaged in
activities related to the supply of corporate office support
services for imported residential lighting fixtures.
Specifically, the worker group supplies customer service,
purchasing, accounting, sales, marketing, human resources,
quality control and inspection and product development
services.
Workers at the subject firm were covered under
certification number TA-W-63,130 based on increased company
imports of residential lighting fixtures. The certification
expired on October 6, 2010. Domestic production of lighting
fixtures ended in 2008 and there has been no production at
the facility during the relevant period of the
investigation.
The petitioners allege that the firm lost business due
to labor related issues at suppliers located outside the
United States. During the course of the investigation,
information was collected from the workers’ firm.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that there has not been a shift in the
production of articles by the workers’ firm to a foreign
country during 2009, 2010, or 2011.
With respect to Section 222(a)(2)(A)(iii), the
investigation revealed that increased imports of articles
did not contribute importantly to worker separations or
threat or separations or to sales/production declines at the
firm. Rather, the investigation established that the worker
separations are attributable to decreased demand for products
sold by the firm.
In order for the Department to issue a certification of
eligibility to apply for Alternative Trade Adjustment Assis-
tance (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 of the facts obtained in the
investigation, I determine that all workers of Sea Gull
Lighting Products, LLC, a subsidiary of Generation Brands,
Riverside, New Jersey, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, as amended, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, amended.
Signed in Washington, D.C., this 20th day of July, 2010


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance



- 7 -