Petitioner Type: Union
Impact Date: 06/21/2004
Filed Date: 06/24/2005
Most Recent Update: 08/30/2005
Determination Date: 08/30/2005
Expiration Date: 08/30/2007
Employment and Training Administration
TA-W-57,445
LIZ CLAIBORNE, INC.
ELLEN TRACY DIVISION
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 (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)(A) of
Section 222 have been met.
The investigation was initiated in response to a petition
received on June 24, 2005 and filed by the New York Metropolitan
Joint Board of the Union of Needletrades, Textiles and Industrial
Employees (UNITE) on behalf of workers of Liz Claiborne, Inc.,
Ellen Tracy Division, New York, New York. The workers at the
subject firms produce garment samples. The workers are not
separately identifiable by product line.
The investigation revealed that employment and production of
samples at the subject firm decreased during the relevant period.
The investigation further revealed the subject company
increased its reliance on imported samples during the relevant
period.
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.
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 of articles
like or directly competitive with garment samples produced by Liz
Claiborne, Inc., Ellen Tracy Division, New York, New York,
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 Liz Claiborne, Inc., Ellen Tracy Division, New
York, New York, who became totally or partially separated from
employment on or after June 21, 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."
Signed in Washington, D.C., this 30th day of August 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance