DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,662

WEARBEST SIL-TEX MILLS, LTD.
INCLUDING ON-SITE LEASED WORKERS OF ADP TOTAL SOURCE
NEW YORK, 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 12, 2008 in response
to a petition filed by a company official on behalf of workers of
Wearbest Sil-Tex Mills, Ltd., New York, New York. Workers at the
subject firm provided custom order designs and administrative support
for the production of jacquard fabrics at an affiliated facility.
The worker group includes on-site leased workers from ADP Total
Source.
The investigation revealed that the decline in employment at the
New York, New York facility is related to a decline in sales and
production of jacquard fabrics produced by the affiliated facility,
and workers of that facility were certified eligible to apply for
adjustment assistance on the basis of increased aggregate imports.
In addition, in accordance with Section 246 of 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.
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 or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion one has not been
met.
The investigation revealed that the subject firm does not have a
significant number of workers who are age 50 and above. Significant
means three or more workers in a workforce of fifty or fewer.


Conclusion
After careful review of the facts obtained in the investigation,
I determine that increases of imports of articles like or directly
competitive with jacquard fabrics produced by the subject firm
contributed importantly 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 Wearbest Sil-Tex Mills, Ltd, including on-site
leased workers from ADP Total Source, New York, New York who
became totally or partially separated from employment on or
after December 11, 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."
I further determine that all workers of Wearbest Sil-Tex Mills,
Ltd, including on-site leased workers from ADP Total Source, New
York, 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/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance