DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,094

J.J.'S MAE, INC.
DBA RAINBEAU
SAN FRANCISCO, CALIFORNIA

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 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 March 31, 2008 in
response to a petition filed by the Employment Development
Department, State of California on behalf of workers of J.J.'s
Mae, Inc., dba Rainbeau, San Francisco, California. Workers at
the subject firm produce active-wear apparel samples. The
workers are not separately identifiable by articles produced.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) have not been met.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or
proportion of workers as required by Section 222 of the Trade
Act of 1974.
Significant number or proportion of the workers in a firm
or appropriate subdivision means at least three workers in a
workforce of fewer than 50 workers, five percent of the workers
in a workforce of over 50 workers, or at least 50 workers.
The petitioner stated that the separations reported on the
petition were based on a worker's account. That worker was
separated in 2007. The investigation revealed those separations
occurred outside of the relevant period. That is, prior to one
year from the date on the petition.
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 J.J.'S Mae Inc.,
dba Rainbeau, San Francisco, California, 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.

Signed in Washington, D.C., this 9th day of April 2008


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance