DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-56,274

SHANE-HUNTER, INC.
SAN FRANCISCO, CALIFORNIA

Notice of Revised Determination
on Reconsideration
On March 15, 2005, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The Notice of
determination will soon be published in the Federal Register.
The Department initially denied Trade Adjustment Assistance
(TAA) to workers of Shane-Hunter, Inc., San Francisco, California
because the subject company’s sales and production increased during
the relevant period and the subject company did not shift
production abroad. Workers were engaged in employment related to
the production of women’s and children’s garments and were not
separately identifiable by product line.
In the request for reconsideration, the petitioner alleged that
the subject company shifted garment production abroad and is
increasing reliance upon imports.
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.
During the reconsideration investigation, the Department
requested additional information and clarification from the subject
company. The investigation revealed that during the relevant
period, the subject company’s domestic production levels and
employment levels declined and that the subject company increased
its reliance on imports of articles like or directly competitive
with those produced at the subject company.
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. 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 garment
industry are adverse.
Conclusion
After careful review of the facts obtained in the
reconsideration investigation, I determine that increases of
imports of articles like or directly competitive with those
produced at the subject firm contributed importantly to the decline
in sales or production and to the total or partial separation of
workers of that firm. In accordance with the provisions of the
Act, I make the following certification:
"All workers of Shane-Hunter, Inc., San Francisco, California,
who became totally or partially separated from employment on
or after December 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 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-56,274

SHANE-HUNTER, INC.
SAN FRANCISCO, CALIFORNIA

Negative Determinations 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 January 3, 2005 in response
to a petition filed on behalf of workers of Shane-Hunter, Inc., San
Francisco, California. Workers at the subject firm are engaged in
employment related to the production of women’s, girls’, and
children’s garments; more specifically sleepwear, junior separates
and tops, swimwear, missy dresses, and other woven and knits.
Workers are not separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that sales and production of tee
women’s, girls’, and children’s garments at the subject firm
increased from 2002 to 2003 and 2003 to 2004.
Moreover, the subject firm did not shift production of
women’s, girls’, and children’s garments to a foreign country
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 assistance
(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 of the facts obtained in this
investigation, I determine that all workers at Shane-Hunter, Inc.,
San Francisco, California 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 2nd day of February 2005.


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