DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,072

BYER CALIFORNIA
SAN FRANCISCO, CALIFORNIA

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 August 19, 2009 by three workers of Byer California,
San Francisco, California. The workers produced women's
apparel.
The investigation revealed that workers of Byer California,
San Francisco, California, who are engaged in employment
related to the production of women's apparel, 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 January through June 2009 over the
corresponding 2008 period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of women's apparel by Byer California have
decreased comparing the period of January through June 2009 to
the same period in 2008.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with women's and girl's
tops and bottoms by Byer California have increased.
Specifically, aggregate United States imports to manufacturers'
shipment ratio have increased comparing the second quarter of
2009 to the same period in 2008.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased aggregate United States imports of women's
apparel - women's and girls' tops and bottoms like and
directly competitive with articles produced by the workers'
firm contributed importantly to the worker group separations
and sales/production declines at Byer California.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Byer California, San
Francisco, California 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 Byer California, San Francisco,
California, 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 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 21st day of September, 2009

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