DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,979

VITAL PERFORMANCE, LLC
A SUBSIDIARY OF VITAL APPAREL GROUP, INC.
BEAVERTON, OREGON

Negative Determination 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 investigation was initiated on August 30, 2006, in
response to a petition filed on behalf of workers of Vital
Performance, LLC, a subsidiary of Vital Apparel Group, Inc.,
Beaverton, Oregon. Workers of the subject firm are engaged in
warehousing and distribution of apparel.
The investigation revealed that Vital Performance, LLC, a
subsidiary of Vital Apparel Group, Inc., Beaverton, Oregon, does
not produce an article within the meaning of Section 222(a)(2) of
the Act. In order to be considered eligible to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
the worker group seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must
be a relationship between the workers' work and the article
produced by the workers' firm or appropriate subdivision. The
warehousing and distribution workers described above do not
support a firm or appropriate subdivision that produces an
article domestically and thus the worker group can not be
considered import impacted or affected by a shift in production
of an article.
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, of the facts obtained in this
investigation, I determine that all workers of Vital Performance,
LLC, a subsidiary of Vital Apparel Group, Inc., Beaverton, Oregon,
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974 as
amended.
Signed in Washington, D.C., this 12th day of September, 2006.


/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance