Petitioner Type: State
Impact Date: 10/01/2002
Filed Date: 10/03/2003
Most Recent Update: 11/06/2003
Determination Date: 11/06/2003
Expiration Date: 11/06/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,132
AUTHENTIC FITNESS CORPORATION
A DIVISION OF WARNACO, INC.
COMMERCE\LOS ANGELES, CALIFORNIA
AND
TA-W-53,132A
AUTHENTIC FITNESS CORPORATION
A DIVISION OF WARNACO, INC.
BELL\LOS ANGELES, CALIFORNIA
Certification 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 its investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(B) of Section 222 have been met.
The investigation was initiated in response to a petition
received on October 3, 2003 and filed by the Employment
Development Department, State of California on behalf of workers
at Authentic Fitness Corporation, A Division of Warnaco, Inc.,
Commerce\Los Angeles, California (TA-W-53,132) and Bell\Los
Angeles, California (TA-W-53,132A). The workers were engaged in
employment related to the production of ladies’ swimwear.
The preponderance in the declines in employment at the
subject plants is related to a shift in plant production of
ladies swimwear to a country (Mexico) that is beneficiary country
with a free trade agreement.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion:
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the
subject firm or subdivision. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Authentic Fitness Corporation, A Division of
Warnaco, Inc., Commerce\Los Angeles, California (TA-W-
53,132) and Bell\Los Angeles, California (TA-W-53,132A) who
became totally or partially separated from employment on or
after October 1, 2002 through two years from the date of
certification are eligible to apply for adjustment assis-
tance 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 in Washington, D. C. this 6th day of November, 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance