DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,874

THE LEVY GROUP
SAMPLE ROOM
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)(B) of
Section 222 have been met.
The investigation was initiated September 2, 2005, in response
to a petition filed by a petition filed by UNITE-HERE, Local 10, on
behalf of workers of The Levy Group, Sample Room, New York, New
York. The workers produce samples and patterns for outerwear.
The investigation revealed that employment at the subject firm
declined during January through August 2005 over the corresponding
2004 period.
The investigation revealed that the subject firm shifted
production of samples and patterns to China and Korea.
Moreover, the investigation revealed that company imports of
samples increased from January through August 2005 over the
corresponding period of 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.
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 do not possess skills that are easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that that there was a shift in
production from the subject firm to a foreign country of articles
that are like or directly competitive with those produced by the
subject firm, and there has been or is likely to be an increase in
imports of like or directly competitive articles. In accordance
with the provisions of the Act, I make the following certification:
"Workers of The Levy Group, Sample Room, New York, New York,
engaged in employment related to the production of samples
and patterns for outerwear, who became totally or partially
separated from employment on or after September 1, 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 11th day of October 2005.
/s/ Linda G. Poole

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