DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,089

JONES APPAREL GROUP, INC.
BRISTOL PRODUCTION DEPARTMENTS
BRISTOL, PENNSYLVANIA

Negative Determinations 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 group eligibility requirements for directly-impacted
(primary) workers under Section 222(a) the Trade Act of 1974, as
amended, can be satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;

B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and

C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or



II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;

B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;

2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or

3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on September 5, 2006, in
response to a petition filed on behalf of workers of Jones Apparel
Group, Inc., Bristol Production Departments, Bristol, Pennsylvania.
Workers at the subject firm produce samples for internal use. The
vertically integrated process includes production of markers,
patterns, copies and plotting used for manufacturing samples.
Moreover, all articles manufactured at the subject location are for
internal use and not sold to external customers. Furthermore, the
actually petitioning worker group was engaged in support activities
towards production facilities off-shore.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) were not met.
The subject firm shifted the production of samples to several
foreign countries, but none were a country that is party to a Free
Trade Agreement with the United States or a beneficiary country
under the Andean Trade Preference Act, African Growth and
Opportunity Act, or the Caribbean Basin Economic Recovery Act.
Moreover, the production of samples shifted to a foreign country
was not imported by the subject firm.
The investigation revealed that the subject firm did not
import samples during 2004, 2005 or January through August 2006.
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 Jones Apparel Group,
Inc., Bristol Production Departments, Bristol, Pennsylvania, are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are denied eligibility to apply
for alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed in Washington, D.C., this 2nd day of November 2006.


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