DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,188

CAPITAL MERCURY APPAREL
MARION COUNTY SHIRT CO. DIVISION
YELLVILLE, ARKANSAS

Certification 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.
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)(B) of Section 222 have been met.
The investigation was initiated on February 10, 2009 in
response to a petition filed by the Arkansas Rapid Response
Coordinator on behalf of workers of Capital Mercury Apparel,
Marion County Shirt Co. Division, Yellville, Arkansas. The
workers produce men's and boys' shirts.
The investigation revealed that employment at the Yellville
plant declined in 2008 compared with 2007 and January 2009
compared with the January 2008.
The subject firm is shifting production of men's and boys'+
shirts to El Salvador and Nicaragua, countries that are parties
to a free trade agreement with the United States.
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 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 review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers firm or subdivision to El Salvador and
Nicaragua of articles that are like or directly competitive with
those produced by the subject firm or subdivision. In accordance
with the provisions of the Act, I make the following
certification:
"All workers of Capital Mercury Apparel, Marion County
Shirt Co. Division, Yellville, Arkansas, who became totally
or partially separated from employment on or after February
6, 2008 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 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 23rd day of February 2009


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