DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,530

MC NAUGHTON APPAREL GROUP
MODERATE SPORTSWEAR DIVISION
NEW YORK, NEW YORK

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 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 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 June 13, 2008 in response
to a petition filed by a State Agency Representative on behalf of
workers of Mc Naughton Apparel Group, Moderate Sportswear Division,
New York, New York. Workers were engaged in pattern making for
women's sportswear. Patterns are supplied exclusively within the
corporation.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) were not met.
The subject firm did shift pattern making for women's
sportswear abroad, and did not import pattern in 2006, 2007 or
January through April 2008.
Workers were not in support of domestic production of
sportswear, as production of finished sportswear was shifted abroad
well prior to May 8, 2007, one year prior to the date of the
petition.
Separations at the subject facility are related to the
discontinuation of the labels/ businesses that employees worked
under.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein also 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, I determine that all workers of Mc
Naughton Apparel Group, Moderate Sportswear Division, New York, New
York 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 28th day of July 2008


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance