DEPARTMENT OF LABOR

Employment and Training Administration


TA-W-59,130

BARI-JAY FASHIONS, INC.
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), 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 31, 2006 in response
to a petition filed on behalf of workers of Bari-Jay Fashions,
Inc., New York, New York. The workers of the subject facility
produce women's dresses.
The investigation revealed that sales and production at the
subject firm decreased from 2004 to 2005. Production at the firm
also decreased during the period of January through March of 2006,
when compared to the same period in 2005.
Employment at the subject firm decreased from 2005 to March of
2006.
The subject firm began importing women's dresses in 2005. The
increase in imports of women's dresses was greater than the subject
firm's decline in production during the period of January through
March of 2006, when compared to the same period in 2005.
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 facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with women's dresses produced at Bari-
Jay Fashions, Inc., New York, New York 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 Bari-Jay Fashions, Inc., New York, New York
who became totally or partially separated from employment on
or after March 17, 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 May 2006


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance