Certified
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TAW-72311  /  K and B Garment, Inc. (San Francisco, CA)

Petitioner Type: Workers
Impact Date: 09/04/2008
Filed Date: 09/15/2009
Most Recent Update: 03/05/2010
Determination Date: 03/05/2010
Expiration Date: 03/05/2012


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,311

K & B GARMENT INC.
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:
(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 by three workers on September 15, 2009 on behalf of
workers of K & B Garment Inc., San Francisco, California.
Workers at the subject firm are engaged in activities
related to the production of women's and girls' apparel.
The investigation revealed that workers of K & B Garment
Inc., San Francisco, California who are engaged in employment
related to the production of women's and girls' apparel meet
the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in the workers' firm have
become totally or partially separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of women's and girls' apparel by the subject
firm decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with women's and girls'
apparel produced by K & B Garment Inc., have increased.
Specifically, the Department of Labor conducted a survey of the
subject firm's exclusive customer regarding their purchases of
women's and girls' apparel during the relevant period. The
survey revealed increased customer imports of women's and girls'
apparel.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of women's and girls' apparel by
customers of K & B Garment Inc., contributed importantly to
the worker group separations and sales/production declines at
K & B Garment Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of K & B Garment Inc.,
San Francisco, California, who are engaged in activities related
to the production of women's and girls' apparel 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 K & B Garment Inc., San Francisco,
California, who became totally or partially separated from
employment on or after September 4, 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 5th day of March 2010


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