DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,459

MICHELLE JANE
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 May 24, 2006 in response to
a petition filed on behalf of workers of Michelle Jane, New York,
New York. Workers at the subject firm produced ladies' skirts,
blouses and trousers.
The investigation revealed that employment, sales, and
production at the subject firm decreased from 2004 to 2005.
Furthermore, the investigation revealed that there were
substantial and increasing aggregate United States imports of
womens' and girls skirts and tops during the relevant period. The
ratio of United States imports to United States shipments of
womens' and girls' skirts and tops in 2005 exceeded 100 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 facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with those produced by Michelle Jane,
New York, New York, contributed to the total or partial separation
of workers and to the decline in sales or production and at that
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers at Michelle Jane, New York, New York who became
totally or partially separated from employment on or after May
19, 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 6th day of July, 2006.


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