DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,998

ACTION APPAREL, INC.
INCLUDING ON-SITE LEASED WORKERS OF ENTERPRISE
RAMER, TENNESSEE

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), 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 March 13, 2006 in response
to a petition filed by a company official on behalf of workers at
Action Apparel, Inc., Ramer, Tennessee. The workers at the subject
firm produced men's and women's tops (e.g.- jackets and underwear),
bottoms (e.g.- pants and underwear), and underwear (e.g.- boxers
and briefs); they are not separately identifiable by articles
produced.
The investigation revealed that sales, production and
employment at the subject firm decreased from 2004 to 2005.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of men's and women's
tops, bottoms, and underwear. The survey revealed increased
customer imports of men's and women's tops, bottoms, and underwear
from 2004 to 2005.
The investigation revealed that Action Apparel, Inc., Ramer
Tennessee also leased workers on-site from Enterprise to produce
men's and women's tops, bottoms, and underwear.
In addition, in accordance with Section 246 of 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 facts obtained in the
investigation, I determine that an increase in imports of articles
like or directly competitive with men's and women's tops, bottoms,
and underwear produced at the subject firm 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 Action Apparel, Inc., including on-site leased
workers of Enterprise, Ramer, Tennessee, who became totally or
partially separated from employment on or after March 10, 2005
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 April 2006.


/s/Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance