DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-55,748

LIZ CLAIBORNE, INC.
NORTH BERGEN, NEW JERSEY


Notice of Revised Determination
on Reconsideration
On March 1, 2005, the Department issued an Affirmative
Determination Regarding Application for Reconsideration
applicable to workers and former workers of the subject firm.
The Notice of determination was published in the Federal Register
on March 15, 2005 (70 FR 12737). A corrected copy of the
determination (dated March 11, 2005) was published in the Federal
Register on March 22, 2005 (70 FR 14484).
The Department initially denied Trade Adjustment Assistance
(TAA) to workers of Liz Claiborne, Inc., North Bergen, New Jersey
because the subject company did not import garment prototypes or
samples and did not shift production of these articles abroad.
In the request for reconsideration, the petitioners alleged
that the subject firm shifted sample production abroad.
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.
During the reconsideration investigation, the Department
requested additional information and clarification from the
subject company and the petitioners.
The reconsideration investigation revealed that the company
official misunderstood what constituted a shift of production.
Based on newly obtained information, the Department determined
that during the relevant period, subject company domestic garment
sample production levels and employment levels declined and that
the subject company shifted garment sample production abroad and
increased its reliance on imports of garment samples.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department 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.
According to the company official, a significant number of
workers at the firm are age fifty or over and workers of the
subject facility possess skills that are not easily transferable.
Competitive conditions within the garment industry are adverse.

Conclusion
After careful review of the newly obtained facts obtained in
the reconsideration investigation, I determine that there was a
shift of garment sample production abroad followed by actual or
likely increased imports 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 Liz Claiborne, Inc., North Bergen, New
Jersey, who became totally or partially separated from
employment on or after October 5, 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 25th day of March 2005.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,748

LIZ CLAIBORNE, INC
NORTH BERGEN, NEW JERSEY

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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 October 7, 2004 in response
to a petition filed by the New York Metropolitan Joint Board of the
Union of Needletrades, Textiles and Industrial Employees (UNITE) on
behalf of workers at Liz Claiborne, Inc., North Bergen, New Jersey.
The workers of the subject facility design and produce garment
prototypes.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) were not met.
The subject firm did not import garment prototypes or shift
production of these prototypes abroad.
The Department of Labor did not survey the subject firm’s
major customers regarding their purchases of garment prototypes
because there were no domestic sales of these prototypes during the
relevant period.
In addition, 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 assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that workers of Liz
Claiborne, Inc., North Bergen, New Jersey are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974,and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C. this 9th day of November 2004.

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