Employment and Training Administration
TA-W-58,642

JONES APPAREL GROUP, INC.
AM-1 ROOM
BRISTOL, PENNSYLVANIA

TA-W-58,642A

JONES APPAREL GROUP, INC.
BRISTOL DISTRIBUTION CENTER
BRISTOL, PENNSYLVANIA

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
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 18, 2006, in
response to a petition filed by Teamsters, Local 102 on behalf of
workers of Jones Apparel Group, Inc., AM-1 Room, Bristol,
Pennsylvania (TA-W-58,642) and Jones Apparel Group, Inc., Bristol
Distribution Center, Bristol, Pennsylvania (TA-W-58,642A).
The workers at Jones Apparel Group, Inc., AM-1 Room, Bristol,
Pennsylvania (TA-W-58,642) produce markers, patterns, copies and
plotting. The workers at Jones Apparel Group, Inc., Bristol
Distribution Center, Bristol, Pennsylvania (TA-W-58,642A) are
engaged in the distribution of ladies' apparel, including
receiving, inspecting, locating, picking for orders, packing and
shipping.


Jones Apparel Group, Inc., AM-1 Room, Bristol, Pennsylvania
(TA-W-58,642)
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) were not met.
The investigation revealed that the subject firm produces
markers, patterns, copies, and plotting exclusively for internal
use.
The subject firm shifted the production of markers, patterns,
copies, and plotting to a foreign country, but it was not a country
that is party to a Free Trade Agreement with the United States or a
beneficiary country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin Economic
Recovery Act. Moreover, the production of markers, patterns,
copies, and plotting shifted to a foreign country was not imported
by the subject firm.
The investigation revealed that the subject firm did not
import markers, patterns, copies, and plotting during 2004 or 2005.
Jones Apparel Group, Inc., Bristol Distribution Center, Bristol,
Pennsylvania (TA-W-58,642A)
The investigation revealed that Jones Apparel Group, Inc.,
Bristol Distribution Center, Bristol, Pennsylvania (TA-W-58,642A),
does not produce an article within the meaning of Section 222(a)(2)
of the Act. In order to be considered eligible to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
the worker group seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must be
a relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The distribution
workers described above do not support a firm or appropriate
subdivision that produces an article domestically and thus the
worker group can not be considered import impacted or affected by a
shift in production of an article.
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 Jones Apparel Group,
Inc., AM-1 Room, Bristol, Pennsylvania (TA-W-58,642) and Jones
Apparel Group, Inc., Bristol Distribution Center, Bristol,
Pennsylvania (TA-W-58,642A), are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and 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 14th day of February 2006.


/s/ Elliott S. Kushner

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