Slip Op. 09 - 68
J U D G M E N T
UNITED STATES COURT OF INTERNATIONAL TRADE
Thomas J. Aquilino, Jr., Senior Judge
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FORMER EMPLOYEES OF WARP PROCESSING :
CO., INC.,
:
Plaintiffs,
:
v. Court No. 08-00179
:
UNITED STATES DEPARTMENT OF LABOR,
:
Defendant.
:
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This case pursuant to 19 U.S.C. §2395 and 28 U.S.C.
§1581(d) having been brought by former employees of Warp Processing
Co., Inc. of Exeter, Pennsylvania, seeking judicial review of the
Negative Determinations Regarding Eligibility To Apply for Worker
Adjustment Assistance And Alternative Trade Adjustment Assistance
(Feb. 19, 2008) of the Employment and Training Administration
(“ETA”), U.S. Department of Labor, No. TA-W-62,655, and of its
subsequent Notice of Negative Determination Regarding Application
for Reconsideration (March 18, 2008); and, after joinder of issue,
the defendant having interposed a motion for voluntary remand “to
enable Labor to state with greater clarity and accuracy the bases
for its determination in a way that would facilitate this Court’s
Court No. 08-00179 Page 2
review”; and the court in slip opinion 09-14, 33 CIT (Feb. 20,
2009), having granted said motion and remanded this matter to the
ETA for reconsideration; and the defendant having filed ETA’s
Notice of Revised Determination on Remand (May 1, 2009), certifying
that
All workers of Warp Processing Company, Inc., Exeter,
Pennsylvania, who became totally or partially separated
from employment on or after January 9, 2007, through two
years from this revised determination, are eligible to
apply for Trade Adjustment Assistance under Section 223
of the Trade Act of 1974, and are eligible to apply for
alternative trade adjustment assistance under Section 246
of the Trade Act of 1974[;]
and the plaintiffs having thereafter urged the court to affirm this
certification; Now therefore, after due deliberation, it is
ORDERED, ADJUDGED AND DECREED that ETA’s foregoing
certification, as set forth in its Notice of Revised Determination
on Remand (May 1, 2009), be, and it hereby is, affirmed.
Dated: New York, New York
July 1, 2009
/s/ Thomas J. Aquilino, Jr.
Senior Judge