[Federal Register: March 28, 2005 (Volume 70, Number 58)]
[Notices]               
[Page 15648]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr05-71]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-53,997]

 
Hollister, Inc., Kirksville Manufacturing, Kirksville, MO; Notice 
of Determination of Alternative Trade Adjustment Assistance on Remand

    The U.S. Court of International Trade (USCIT) granted the Secretary 
of Labor's motion for a voluntary remand for further investigation in 
Former Employees of Hollister, Inc. v. Elaine Chao, U.S. Secretary of 
Labor, No. 04-00262, on February 1, 2005.
    The workers of Hollister, Inc., Kirksville Manufacturing, 
Kirksville, Missouri (``Hollister'') were certified as eligible to 
apply for Trade Adjustment Assistance (TAA) on February 11, 2004. The 
Notice of determination was published in the Federal Register on March 
12, 2004 (69 FR 11890).
    By letter dated March 19, 2004, the United Automotive Workers, 
Local 710, requested that Alternative Trade Adjustment Assistance 
(ATAA) be included in the TAA petition. The request was dismissed 
because the application for ATAA was not filed with the TAA petition, 
as required by the Secretary's interpretation of Section 246 of the 
Trade Act, Training and Employment Guidance Letter No. 2-03 (August 6, 
2003). 69 FR 60904, October 13, 2004.
    On June 28, 2004, the Plaintiff appealed to the USCIT, asserting 
that the workers were not provided the assistance and opportunity to 
request ATAA because the requirements for applying for ATAA were 
ambiguous.
    On October 29, 2004, the Department issued Training and Employment 
Guidance Letter No. 2-03, Change 2, ``Requests for Certification under 
the Alternative Trade Adjustment Assistance (ATAA) Program for Certain 
Worker Groups Covered by Certified TAA Petitions'' (TEGL 2-03, Change 
2). 70 FR 8829-02, February 23, 2005. The Department's new TEGL 
concerning the filing of requests for group ATAA certification provides 
that worker groups whose petitions were still in process at the time of 
implementation of the ATAA program on August 6, 2003 and certified 
worker groups who filed petitions which did not include an option to 
apply for ATAA may request group ATAA certification after the filing of 
a TAA petition.
    The Department construes the Plaintiff's letters as timely requests 
for group ATAA certification under TEGL 2-03, Change 2. Accordingly, 
the Department has conducted an investigation to determine the workers' 
eligibility to apply for ATAA certification.
    The group eligibility certification criteria for the ATAA program 
under Section 246 the Trade Act of 1974 (19 U.S.C. 2813), as amended, 
established that the Department must determine whether a significant 
number of workers in the workers' firm are 50 years of age or older, 
whether the workers in the workers' firm possess skills that are not 
easily transferable, and whether the competitive conditions within the 
workers' industry are adverse.
    The remand investigation revealed that at least five percent of the 
workforce at the subject firm is at least fifty years of age, the 
workers possess skills that are not easily transferable, and 
competitive conditions within the industry are adverse.

Conclusion

    After careful review of the facts, I conclude that the requirements 
of Section 246 of the Trade Act of 1974, as amended, have been met for 
workers at the subject firm. In accordance with the provisions of the 
Act, I make the following certification:

    All workers at Hollister, Inc., Kirksville Manufacturing, 
Kirksville, Missouri, who became totally or partially separated from 
employment on or after January 7, 2003 through February 11, 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, DC, this 10th day of March, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-1346 Filed 3-25-05; 8:45 am]

BILLING CODE 4510-30-P