DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,134

VANITY FAIR
JEANS WEAR DIVISION
WINDSOR, NORTH CAROLINA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance. The group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. 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;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or


II. Section (a)(2)(B) both of the following must be satisfied:

A. 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;
B. 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
C. One of the following must be satisfied:
1. 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;
2. 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
3. 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.

The investigation was initiated on March 14, 2003 in
response to a petition filed by the North Carolina Employment
Security Commission on behalf of workers at Vanity Fair, Jeans
Wear Division, Windsor, North Carolina. The workers at the
subject plant produce jeans.
The investigation revealed that criteria (I.A) and (II.A)
have not been met.
The "Code of Federal Regulations (CFR)", Section 29, Part
90.2 requires that in work groups 50 or more that a total of
five percent be unemployed or threatened with unemployment. The
investigation revealed that a significant number of workers
at the subject plant have not been laid off (or threatened) with
layoffs for this group with 50 or more employees. Workers of
the subject group did not meet this threshold level of
unemployment.
Conclusion
After careful review, I determine that all workers of
Vanity Fair, Jeans Wear Division, Windsor, North Carolina are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 1st day of April, 2003.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance