DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,430

QAP, INC.
WEST NEW YORK, NEW JERSEY

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade 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 January 28, 2005 in
response to a petition filed on behalf of workers at QAP, Inc.,
West New York, New Jersey. Workers at the subject firm cut and sew
juniors' and ladies tops.
The investigation revealed that sales, production, and
employment at the subject firm declined absolutely from 2003 to
2004.
The Department of Labor surveyed the subject firm's sole
customer regarding its purchases of ladies' blouses and tops. This
survey revealed increased imports of ladies' blouses and tops from
2003 to 2004.
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.
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.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 1 has not been
met.
The investigation revealed a significant number of workers
in the workers' firm are not 50 years of age or older.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with juniors' and ladies' tops
produced by QAP, Inc., West New York, New Jersey, 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 QAP, Inc., West New York, New Jersey, who
became totally or partially separated from employment on or after
January 27, 2004 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;" and
"I further determine that all workers of QAP, Inc., West New
York, New Jersey, are 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 March 2005.
/s/ Linda G. Goole

_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance