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TAW-70046  /  Destination Maternity Corporation (Philadelphia, PA)

Petitioner Type: Workers
Impact Date: 05/18/2008
Filed Date: 05/18/2009
Most Recent Update: 09/01/2009
Determination Date: 09/01/2009
Expiration Date: 09/01/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,046

DESTINATION MATERNITY CORPORATION
FORMERLY MOTHERS WORK, INC.
INLCUDING ON-SITE LEASED WORKERS FROM PCHS STAFFING SOLUTIONS,
CREATIVE GROUP, CONTEMPORARY STAFFING SOLUTIONS, INC.,
ACCOUNTEMPS, OPEN SYSTEMS TECHNOLOGIES, AND EXPRESSIONS MODEL
& TALENT AGENCY
PHILADELPHIA, PENNSYLVANIA


Certification 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.
The group eligibility requirements for workers of a Firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on May 18, 2009 on behalf of workers of Destination
Maternity Corporation, Formerly Mothers Work, Inc.,
Philadelphia, Pennsylvania (Destination Maternity
Corporation). The workers are engaged in activities related to
the production of maternity clothing such as women's tops and
women's skirts. The workers are not separately identifiable by
products produced. The worker group also includes on-site leased
workers from PCHS Staffing Solutions, Creative Group,
Contemporary Staffing Solutions, Inc., Accountemps, Open
Systems Technologies, and Expressions Model & Talent Agency.
The investigation revealed that workers of Destination
Maternity Corporation who were engaged in employment related to
maternity clothing such as women's tops and women's skirts,
meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at the workers' firm have
been separated during the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of maternity clothing such as women's tops
and women's skirts by Destination Maternity Corporation have
decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with maternity clothing
such as women's tops and women's skirts by Destination
Maternity Corporation have increased. Specifically, aggregate
United States imports to manufacturers' shipment ratio have
increased during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased aggregate United States imports of women's and
girl's tops (blouses, shirts, and sweaters) and women's and
girl's skirts like or directly competitive with articles
produced by the workers' firm contributed importantly to the
worker group separations and sales/production declines at
Destination Maternity Corporation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Destination Maternity
Corporation, Formerly Mothers Work, Inc., including on-site
leased workers from PCHS Staffing Solutions, Creative Group,
Contemporary Staffing Solutions, Inc., Accountemps, Open
Systems Technologies, and Expressions Model & Talent Agency,
Philadelphia, Pennsylvania, who were engaged in employment
related to maternity clothing such as women's tops and women's
skirts 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:
"All workers of Destination Maternity Corporation,
Formerly Mothers Work, Inc., including on-site leased
workers from PCHS Staffing Solutions, Creative Group,
Contemporary Staffing Solutions, Inc., Accountemps, Open
Systems Technologies, and Expressions Model & Talent
Agency, Philadelphia, Pennsylvania, who became totally or
partially separated from employment on or after May 18,
2008, through two years from the date of certification, and
all workers in the group threatened with total or partial
separation from employment on the 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 1st day of September, 2009


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