DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,339

ACTIVE WEAR, INC.
MARTINSVILLE, VIRGINIA

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)(A) of
Section 222 have been met.
The investigation was initiated on February 24, 2004 in
response to a petition filed by the company on behalf of workers at
Active Wear, Inc., Martinsville, Virginia. The workers at the
subject facility produced knit fabric.
The investigation revealed that sales and employment declined
at the subject facility during the relevant period.
The investigation revealed that the subject firm's major
customer had increased imports of knit fabric during the relevant
period.
The petitioner also requested consideration for Alternative
Trade Adjustment Assistance (ATAA).
In order to issue a certification of eligibility to apply for
ATAA for older workers, the group eligibility requirements of
Section 246(a)(3)(A)(ii) of the Trade Act must be met. The
Department has determined in this case that the requirements 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 conclude that increases of imports of articles
like or directly competitive with knit fabric produced at Active
Wear, Inc., Martinsville, Virginia contributed importantly to the
total or partial separation of workers and to the decline in sales
or production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Active Wear, Inc., Martinsville, Virginia who
became totally or partially separated from employment on or
after February 17, 2003 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974 and alternative
trade adjustment assistance under Section 246 of the Trade Act
of 1974."
Signed in Washington, D.C. this 31st day of March, 2004.

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