DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,997

TRANS APPAREL-HARTMARX
MICHIGAN CITY, INDIANA

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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. 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;

II. 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

III. 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.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for
another firm for articles or services with respect to which a
group of workers in such other firm has been certified under
subsection (a) [of Section 222 of the Act]" and defines the term
"value-added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
The investigation was initiated in response to a petition
filed on August 12, 2009 by the United Workers Union on behalf
of workers of Trans Apparel-Hartmarx, Michigan City, Indiana.
Workers at the subject firm are engaged in activities related to
storage and distribution services. The workers are not
separately identifiable by services.
The investigation revealed that workers of Trans Apparel-
Hartmarx, Michigan City, Indiana who are engaged in employment
related to storage and distribution services meet the criteria
as a Downstream Producer for secondary worker certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because workers of Trans
Apparel-Hartmarx, Michigan City, Indiana supplied distribution
services to a worker group covered by an active TAA-
certification, and the distribution services were related to
the production of articles of the certified worker group.
Criterion III has been met because the loss of business
described above by Trans Apparel-Hartmarx, Michigan City,
Indiana with the TAA-certified firm contributed importantly to
the worker separations at Trans Apparel-Hartmarx, Michigan
City, Indiana.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Trans Apparel-
Hartmarx, Michigan City, Indiana who are engaged in employment
related to storage and distribution services 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 Trans Apparel-Hartmarx, Michigan City,
Indiana, who became totally or partially separated from
employment on or after August 11, 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 29th day of January, 2010


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