DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,886

APEX APPAREL SERVICES COMPANY
SAMPLES DEPARTMENT
KEARNY, NEW JERSEY

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), 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 August 10, 2006 in
response to a petition filed by a company official on behalf of
workers of Apex Apparel Services Company, Samples Department,
Kearny, New Jersey. The workers at the subject firm produced
coat and jacket samples and are not separately identifiable.
The investigation revealed employment and production have
declined as a result of the subject firm closing in June of
2006.
Further, the investigation revealed that the subject firm
did not import coat and jacket samples form foreign sources, nor
did the subject firm shift production of coat and jacket samples
to a foreign country.
The Department of Labor surveyed the subject firm's major
declining customer regarding its purchases of coat and jacket
samples. The survey revealed increased imports of coat and
jacket samples during the period under investigation.
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 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 do not possess skills that are 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 coat and jacket samples
produced at Apex Apparel Services Company, Samples Department,
Kearny, New Jersey, 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 Apex Apparel Services Company, Samples
Department, Kearny, New Jersey who became totally or
partially separated from employment on or after August 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 31st day of August, 2006

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