DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,703

HEMINGWAY APPAREL MANUFACTURING, INC.
HEMINGWAY, SOUTH CAROLINA


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 28, 2009 by a company official on behalf of
workers of Hemingway Apparel Manufacturing, Inc. The workers
produced men's and boys' shirts.
The investigation revealed that workers of Hemingway
Apparel who are engaged in employment related to the production
of men's and boy's shirts meet the criteria for certification.
Section 222(a)(1) has been met because all workers were
separated upon closure of Hemingway Apparel on June 4, 2009.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of men's and boys' shirts by Hemingway
Apparel decreased absolutely on June 4, 2009.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with mens'
and boy's shirts by a major customer have increased.
Specifically, the sole customer of the subject firm has begun
purchasing mens' and boy's shirts from an affiliated facility
located in Honduras, replacing all purchases from the subject
firm.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of men's and boys' shirts by the sole
customer of Hemingway Apparel contributed importantly to the
worker group separations and sales/production declines at the
Hemingway, South Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Hemingway Apparel,
Hemingway, South Carolina, who are engaged in employment related
to the production of men's and boys' shirts 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 Hemingway Apparel, Hemingway, South
Carolina, who became totally or partially separated from
employment on or after May 20, 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 28th day of July, 2009


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