DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,633

BEVERLY CREATIONS INC
PASSAIC, NEW JERSEY

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), 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 September 20, 2004 in response
to a petition filed by a state representative on behalf of workers
at Beverly Creations, Inc, Passaic, New Jersey. The workers
produce ladies' sleepwear.
The investigation revealed that sales and employment at the
subject firm decreased in January through August of 2004 in
comparison with the same time frame in 2003.
Furthermore, the investigation revealed that the company is
shifting some of its production of ladies' sleepwear to China, and
it is anticipated that imports will increase following this shift.
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 increases of imports resulting from
a shift of production to China of articles like or directly
competitive with those produced by the subject firm contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm. In accordance
with the provisions of the Act, I make the following certification:


"All workers of Beverly Creations, Inc, Passaic, New Jersey
who became totally or partially separated from employment on
or after September 15, 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 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 29th day of September 2004.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance