DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,708

CAPITAL MERCURY APPAREL, LTD.
MAX-BAX SHIRT COMPANY DIVISION
ARK MANAGEMENT CONSULTANTS
GASSVILLE, ARKANSAS

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, 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.
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)(B) of
Section 222 have been met.
The investigation was initiated on July 12, 2006 in response
to a petition filed by a company official on behalf of workers of
Capital Mercury Apparel, LTD., Max-Bar Shirt Company Division,
Gassville, Arkansas. Workers at the subject firm manufacture men's
shirts.
The workers of the subject firm were certified eligible to
apply for adjustment assistance under TA-W-52,382, that expired on
August 22, 2005.
Some of the workers separated from the subject firm have had
their wages reported under a separate unemployment insurance (UI)
tax account for Ark Management Consultants.
The investigation revealed that employment declined during the
period of January through June 2006, when compared to the same time
period in 2005.
Furthermore, the subject firm shifted the production of men's
shirts to a country (Mexico) that is party to a free trade
agreement with the United States.
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 there was a shift in production
from the workers firm or subdivision to Mexico of articles that are
like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Capital Mercury Apparel, LTD., Max-Bar Shirt
Company Division, Ark Management Consultants, Gassville,
Arkansas, who became totally or partially separated from
employment on or after August 23, 2006 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 24th day of August 2006


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance