DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,559

T&H SEWING COMPANY
SAN FRANCISCO, CALIFORNIA

Notice of Revised Determination
on Reconsideration

By application of March 23, 2006, Chinese Progressive
Association requested administrative reconsideration regarding
the Department’s Negative Determination Regarding Eligibility to
Apply for Worker Adjustment Assistance, applicable to the workers
of the subject firm.
The initial investigation resulted in a negative
determination issued on February 22, 2006, based on the finding
that imports of women’s and children’s dresses and blouses did
not contribute importantly to worker separations at the subject
firm and no shift of production to a foreign source occurred.
The denial notice was published in the Federal Register on March
22, 2006 (71 FR 14549).
To support the request for reconsideration, the petitioner
supplied additional information regarding the subject firm’s
customer. Upon further review of the facts during the initial
investigation and information provided by the subject firm’s
major customer, it was determined that this customer increased
its reliance on imports of sewn garments during the relevant time
period.
Furthermore, the investigation revealed that there were
substantial and increasing aggregate United States imports of
women’s and girls’ dresses and blouses during the relevant period.
The ratio of United States imports to United States shipments of
women’s and girls’ dresses in 2005 exceeded 200 percent.
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 additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at T&H Sewing
Company, San Francisco, California, contributed importantly to
the declines in sales or production and to the total or partial
separation of workers at the subject firm. In accordance with
the provisions of the Act, I make the following certification:
"All workers of T&H Sewing Company, San Francisco,
California, who became totally or partially separated from
employment on or after December 16, 2004 through two years
from the date of this 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 5th day of April 2006.

/s/ Elliott S. Kushner

________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,559

T&H SEWING COMPANY
SAN FRANCISCO, CALIFORNIA

Negative Determination 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 December 30, 2005 in
response to a petition filed on behalf of workers of T&H Sewing
Company, San Francisco, California. The firm is engaged in
contract sewing of women’s and children’s dresses and blouses.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import women’s and children’s dresses and blouses during 2004 or
2005.
Furthermore, the investigation revealed that the subject firm
did not shift production of women’s and children’s dresses and
blouses abroad during the relevant period.
The Department of Labor surveyed the subject firm’s major
declining customer regarding its purchases of women’s and
children’s dresses and blouses. This survey revealed no imports of
women’s and children’s dresses and blouses during the period under
investigation.
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 of T&H Sewing Company,
San Francisco, California engaged in employment related to the
production of women’s and children’s dresses and blouses 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, as amended.
Signed in Washington, D.C. this 22nd day of February, 2006.


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