DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,772

HARVE BERNARD LTD
BERNARD AND MORTON CO. INC.
CLIFTON, 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, 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 January 16, 2007, in
response to a petition filed by UNITE HERE! on behalf of workers
of Harve Bernard LTD, Bernard and Morton Co. Inc., Clifton, New
Jersey. The workers produced samples and patterns for clothing.
The investigation revealed that employment and production
at the subject firm declined absolutely from 2005 to 2006, the
subject firm closed in September of 2006.
The investigation further revealed that company reliance on
imports of samples and patterns for clothing has increased
during the relevant period.
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 increased reliance on imports of
articles like or directly competitive with samples and patterns
for clothing produced by Harve Bernard LTD, Bernard and Morton
Co. Inc., Clifton, New Jersey contributed importantly to the
total or partial separation of workers and to the decline in
sales at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"Workers of Harve Bernard LTD, Bernard and Morton Co. Inc.,
Clifton, New Jersey, engaged in the production of samples
and patterns for clothing, who became totally or partially
separated from employment on or after January 12, 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 6th day of March, 2007


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