DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,814

LAVITA INCORPORATED
SAMPLE ROOM
NEW YORK, NEW YORK

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:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(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 if either:

(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 shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on July 27, 2009 by a company official on behalf of
workers of LaVita Incorporated, New York, New York. The
workers produce samples of women's sportswear and staff a
sample room.
The investigation revealed that workers of LaVita
Incorporated, Sample Room, New York, New York who are engaged
in employment related to producing samples of women's
sportswear and maintaining a sample room at the New York
facility meet the criteria for certification.
Criterion I has been met because at least five percent of
the workers have been separated, or are threatened with
separation, during the relevant period.
Criterion II has been satisfied because LaVita
Incorporated has shifted to a foreign country services like or
directly competitive with the services provided by the
workers.
Criterion III has been met because the shift of services
to China by LaVita, Inc. contributed importantly to worker
group separations at the New York, New York facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of LaVita Incorporated,
Sample Room, New York, New York who are engaged in employment
related to the management of a sample room of women's clothing
articles 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 LaVita Incorporated, Sample Room, New
York, New York, who became totally or partially separated
from employment on or after July 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 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 10th day of September, 2009

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