DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,080

TECH-SEW MANUFACTURING, INC.
NEW YORK, NEW YORK

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, 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 March 23, 2006, and
filed on behalf of workers at Tech-Sew Manufacturing, Inc.,
New York, New York. The workers were engaged in activities
related to the production of men's and women's military
dress uniforms and jackets.
The investigation revealed that criteria
(a)(2)(A)(I.B), (a) (2)(A)(I.C) and (a)(2)(B)(II.B) were
not met.
The investigation revealed that the subject firm did
import men's and women's military dress uniforms and
jackets from 2004 to 2005, nor during the period of January
through March 2006 when compared to the same period in
2005.
Furthermore, the investigation revealed that the
subject firm did not shift production of men's and women's
military dress uniforms and jackets abroad during the
relevant period.
The Department of Labor did not survey the subject
firm's major declining customers regarding their purchases
of military dress uniforms since by law those articles are
purchased only from domestic producers and thus imports
could not be a factor in any layoffs at the subject
producer of military dress uniforms.
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, I determine that workers of
Tech-Sew Manufacturing, Inc., New York, New York, 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.
Signed in Washington, D.C. this 2nd day of May 2006.


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