DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,599

JM ORIGINALS, INCORPORATED
A DIVISION OF FLYBAR/SBI ENTERPRISES, INCORPORATED
ELLENVILLE, NEW YORK

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility
To Apply for Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19 USC
2273), as amended, the Department of Labor herein presents the
results of its 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)(A) of
Section 222 have been met.
The investigation was initiated on December 8, 2008 in response
to a petition filed by a state employment official on behalf of
workers of JM Originals, Incorporated, a division of Flybar/SBI
Enterprises, Incorporated, Ellenville, New York. Workers at the
subject firm produce children's apparel and distribute pogo sticks.
Workers responsibilities generally overlap between the two operations
performed at the subject firm.
The investigation revealed that a significant portion of the
subject firm's work force was separated, while sales and production
at the subject firm decreased, during the period January through
October 2008 compared to the same period in 2007.
Aggregate imports to the United States of products like or
directly competitive with children's apparel were high and increasing
both absolutely and relative to United States shipments in 2006 and
2007.
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 not
been met.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age of or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. Whether competitive conditions within the workers'
industry are adverse.
The Department has determined that criterion 1 has not been met.
The number of workers at the subject firm who are age 50 or
older does not exceed 5 percent of the total number of workers.
Conclusion
After careful review of the facts obtained in the investigation,
I determine that increases of imports of articles like or directly
competitive with children's apparel produced at JM Originals,
Incorporated, a division of Flybar/SBI Enterprises, Incorporated,
Ellenville, New York, contributed to the total or partial separation
of workers and to the decline in sales or production at that firm or
subdivision. In accordance with the provisions of the Act, I make the
following certification:


"All workers of JM Originals, Incorporated, a division of
Flybar/SBI Enterprises, Incorporated, Ellenville, New York, who
became totally or partially separated from employment on or
after December 5, 2007 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
I further determine that all workers of JM Originals,
Incorporated, a division of Flybar/SBI Enterprises, Incorporated,
Ellenville, New York, 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 29th day of December 2008

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance