DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,225

BEVERLY CREATIONS, INC.
NEW YORK, NEW YORK

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, 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.
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 December 16, 2004 in response
to a petition filed by a company official on behalf of workers at
Beverly Creations, Inc, New York, New York. The affected worker
group was engaged in administrative support.
The worker group was in direct support of an affiliated
facility (Beverly Creations, Inc, Passaic, New Jersey, TA-W-
55,633), whose workers are under an existing Trade Adjustment
Assistance certification.
The investigation revealed that subject firm employment
declined as a result of the shift in production to a country
(Mexico) that is a party to a Free Trade Agreement with the United
States.
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 conclude that there were layoffs and a shift in
production from Beverly Creation, Inc. to Mexico of articles that
are like or directly competitive with the articles produced by the
subject firm. In accordance with the provisions of the Act, I make
the following certification:

"Workers employed by Beverly Creations, Inc, New York, New
York, who became totally or partially separated from
employment on or after December 16, 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 28th day of January, 2005.


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