DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,045

VICTORIA AND COMPANY, LTD
A DIVISION OF JONES APPAREL GROUP
PRODUCT DEVELOPMENT GROUP
EAST PROVIDENCE, RHODE ISLAND

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

On October 22, 2009, the Department issued an Affirmative
Determination Regarding Application for Reconsideration
applicable to workers and former workers of the subject firm.
The previous investigation initiated on May 18, 2009,
resulted in a negative determination issued on September 10,
2009, was based on the finding that imports of solid fragrance
compacts did not contribute importantly to worker separations at
the subject firm and no shift of production to a foreign source
occurred.
In the request for reconsideration, the petitioners supplied
additional information and alleged that the workers of the
subject firm also designed and fabricated jewelry master models
and that the subject firm shifted these functions to China during
the relevant period. The petitioners’ intention was to file a
request for reconsideration for workers engaged in design and
fabrication of master models.
The Department contacted a company official of the subject
firm to address this allegation. Upon further investigation, it
was revealed that the workers of the subject firm not only
manufactured solid fragrance compacts, but also performed
technical design utilizing CAD systems and were engaged in model
making and product coordination during the relevant period.
These workers were Model Makers, Product Coordinators and
Technical Designers and were employees of the Product Development
Group. The workers were separately identifiable from other
workers at the subject firm by job classification. The
investigation further revealed that the subject firm shifted
technical design, model making and product coordination functions
to a third party located in Asia and that the worker separations
at the above mentioned department were directly attributed to
this shift.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Victoria And
Company, Ltd, a Division Of Jones Apparel Group, Product
Development Group, East Providence, Rhode Island, who are engaged
in activities related to technical design, model making and
product coordination meet the worker group certification criteria
under Section 222(a) of the Act, 19 U.S.C. § 2272(a). In
accordance with Section 223 of the Act, 19. U.S.C. § 2273, I make
the following certification:

"Workers of Victoria And Company, Ltd, a Division Of Jones
Apparel Group, Product Development Group, East Providence,
Rhode Island, who became totally or partially separated from
employment on or after May 18, 2008, through two years from
the date of this certification, and all workers in the group
threatened with total or partial separation from employment
on date of certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended.”

Signed in Washington, D.C. this 3rd day of November 2009.


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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,045

VICTORIA AND COMPANY, LTD.
A DIVISION OF JONES APPAREL GROUP
EAST PROVIDENCE, RHODE ISLAND

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor herein
presents the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (c) or
(f) of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f). For
the Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm must
have become totally or partially separated or be threatened
with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the component
part produced by the workers’ firm was directly
incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers’ firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers’
firm was directly incorporated have increased.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or supply
of services like or directly competitive with those
produced/supplied by the workers’ firm; OR
(i)(II) there has been an acquisition from a foreign country
by the workers’ firm of articles/services that are like
or directly competitive with those produced/supplied by
the workers’ firm.

III. The third criterion requires that the increase in imports or
shift/acquisition must have contributed importantly to the
workers’ separation or threat of separation. See Sections
222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act, 19 U.S.C.
§§ 2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms “Supplier” and “Downstream Producer”. For the Department to
issue a secondary worker certification under Section 222(c) of the
Act, 19 U.S.C. § 2272(c), to workers of a Supplier or a Downstream
Producer, the following criteria must be met:
(1) a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) the workers’ firm is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production
is related to the article or service that was the basis
for such certification; and

(3) either
(A) the workers’ firm is a supplier and the component parts
it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
described in paragraph (2) contributed importantly to the
workers’ separation or threat of separation.

Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in a category of determination that is listed in
Section 222(f) of the Act, 19 U.S.C. § 2272(f).
The group eligibility requirements for workers of a firm under
Section 222(f) of the Act, 19 U.S.C. § 2272(f), can be satisfied if
the following criteria are met:
(1) the workers’ firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on May 18, 2009 by a company official on behalf of workers
of Victoria and Company, LTD, a division of Jones Apparel Group,
East Providence, Rhode Island. Workers at the facility are
engaged in manufacturing of solid fragrance compacts and
distribution of fashion jewelry.
With respect to Section 222(a) of the Act, the investigation
revealed that workers of Victoria & Company who are engaged in
employment related to manufacturing of solid fragrance compacts
and distribution of fashion jewelry do not meet the criteria for
certification.
Criteria II.A.ii and II.B has not been met.
Victoria and Company did not import solid fragrance compacts
or shift its production abroad in 2007, 2008, or in January
through April 2009 (the relevant period). Additionally, the
Department of Labor surveyed Victoria and Company’s sole customer
regarding its purchases of solid fragrance compacts during the
relevant period. The survey revealed no imports of solid
fragrance compacts.
With respect to Section 222(c) of the Act, the investigation
revealed that workers of Victoria and Company who are engaged in
employment related to production of solid fragrance compacts and
distribution of fashion jewelry do not meet the criteria for
secondary worker certification.
Criterion 2 has not been met.
Victoria and Company is not a Supplier or Downstream Producer
to a firm that employed a group of workers who received a
certification of eligibility.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because Victoria and Company has not been publicly identified by
name by the International Trade Commission as a member of a
domestic industry in an investigation resulting in an affirmative
determination.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Victoria and Company,
LTD, a division of Jones Apparel Group, East Providence, Rhode
Island who are engaged in production of solid fragrance compacts
and distribution of fashion jewelry are denied eligibility to
apply for adjustment assistance under Section 223 of the Act, 19
U.S.C. § 2273.
Signed in Washington, D.C., this 10th day of September, 2009

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance






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