DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,180

RAINBOW SWIMWEAR, INC.
BROOKLYN, NEW YORK

Negative Determination Regarding Eligibility
to Apply for Alternative Trade Adjustment Assistance

The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order
to provide equitable access to ATAA for worker groups whose
petitions were still in process at the time of implementation of
the ATAA program on August 6, 2003. Under this new
interpretation, worker groups covered by the certification of a
petition that was in process on August 6, 2003 may request ATAA
consideration for the certified worker group. In addition,
certified worker groups who filed petitions after that date may
also request ATAA if the petition did not include an option to
apply for ATAA. The request must be made to the Department and
may be made by anyone who was entitled to file the original
petition under section 221(a)(1) of the Act.
By letter dated November 16, 2004, former employees of
Rainbow Swimwear, Inc. requested ATAA consideration for workers
at the subject firm located in Brooklyn, New York.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable in the local area.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion (2) has not
been met.
The investigation revealed that the skills of worker group
are easily transferable to other positions in the local area.
Conclusion
After careful review of the facts obtained on investigation,
I conclude that workers of Rainbow Swimwear, Inc., Brooklyn, New
York are denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974,
as amended.
Signed in Washington, D.C., this 18th day of August, 2005.


/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,180

RAINBOW SWIMWEAR, INC.
BROOKLYN, NEW YORK

Certification Regarding Eligibility
To Apply for Worker 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 June 30, 2004 in response
to a petition filed on behalf of workers at Rainbow Swimwear, Inc.,
Brooklyn, New York. The workers produced ladies’ swimwear.
The investigation revealed that production and employment
declined to zero in May, 2004 when the subject plant ceased
operations.
The Department of Labor surveyed the customer/manufacturer for
whom the subject firm did work in 2002, 2003 and January-June 2004.
The respondent reported increasing reliance on imports in January-
June 2004 compared with January-June 2003.
United States aggregate imports of women’s and girls’ swimwear
were a a high level and increased both absolutely and relative to
domestic shipments in 2003 compared with 2002.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with the women’s and girls’ swimwear
produced at Rainbow Swimwear, Inc., Brooklyn, New York 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 Rainbow Swimwear, Inc., Brooklyn, New York who
became totally or partially separated from employment on or
after May 26, 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."
Signed at Washington, D.C., this 9th day of August 2004.
/s/ Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance


May want to list the specific citation to the group eligibility requirements.