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TAW-61036  /  Jones Apparel Group, Inc. (Bristol, PA)

Petitioner Type: Workers
Impact Date: 06/16/2005
Filed Date: 02/27/2007
Most Recent Update: 07/13/2007
Determination Date: 07/13/2007
Expiration Date: 07/13/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,036

JONES APPAREL GROUP INCORPORATED
INTERNAL PRODUCTION DEPARTMENT
BRISTOL, PENNSYLVANIA

Notice of Revised Determination
On Reopening
On July 10, 2007, the Department, on its own motion,
reopened its investigation for the former workers of the subject
firm.
The date of the petition filed with the Department on behalf
of the workers of the subject firm was dated June 16, 2006. The
petitioners provided evidence that their petition was submitted
but not received and considered by the Department. Therefore,
the Department instituted the petition for workers of the subject
firm on February 27, 2007 (TA-W-61,036). The investigation
resulted in a negative determination that was issued on March 20,
2007. The Department determined that from 2005 through February
2007, Jones Apparel Group Incorporated, Internal Production
Department, Bristol, Pennsylvania, decreased employment and
production of patterns and samples but did not import patterns
and samples or shift that production abroad.
The Department has subsequently received documentation from
Jones Apparel Group, Incorporated, that the firm increased
imports of patterns and samples in 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 assis-
tance (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 consideration of the facts obtained on
reopening, I determine that there was an increase in imports of
samples and patterns for women’s apparel like or directly
competitive with those produced by Jones Apparel Group,
Incorporated, Internal Production Department, Bristol,
Pennsylvania. In accordance with the provisions of the Act, I make
the following revised determination:
"Workers engaged in the production of patterns and samples at
Jones Apparel Group, Incorporated, Internal Production
Department, Bristol, Pennsylvania, who became totally or
partially separated from employment on or after June 16, 2005
through July 13, 2009, 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 13th day of July 2007.



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





4510-FN-P


CORRECTED COPY
April 2, 2007

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,036

JONES APPAREL GROUP INCORPORATED
INTERNAL PRODUCTION DEPARTMENT
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,
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 February 27, 2007, in
response to a petition filed on behalf of workers of Jones Apparel
Group Incorporated, Internal Production Department, Bristol,
Pennsylvania. The workers produced patterns and samples for women’s
apparel.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The petitioner indicated that the company is shifting
production overseas.
The investigation determined that the subject firm did not
import or shift production of patterns and samples for women’s
apparel abroad in 2005, 2006 or in January 2007. However, the
investigation revealed that some production is to be shifted abroad
in April 2007, primarily to Hong Kong, but will not be imported
back to the U.S.
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 during this
investigation, I determine that workers of Jones Apparel Group
Incorporated, Internal Production Department, Bristol,
Pennsylvania, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are also
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 20th day of March 2007



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




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