DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,664

BAY CREEK MANUFACTURING, INC.
MOUNTAIN VIEW, MISSOURI

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(a), 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 October 23, 2009, by a company official on behalf of
workers of Bay Creek Manufacturing, Inc., Mountain View,
Missouri (Bay Creek Manufacturing). The workers are engaged in
employment related to the production of cheerleading uniforms.
The investigation revealed that workers of Bay Creek
Manufacturing, who are engaged in employment related to the
production of cheerleading uniforms, meet the criteria as a
Downstream Producer for secondary worker certification.
Criterion I has been met because a significant proportion
or number of workers at Bay Creek Manufacturing was totally or
partially separated, or threatened with such separation,
during the relevant period.
Criterion II has been met because workers of Bay Creek
Manufacturing fabricated cheerleading uniforms for a firm that
employed a worker group who is covered by an active Trade
Adjustment Assistance (TAA) certification and the fabrication
is related to the article that was the basis of the firm's
certification.
Criterion III has been met because the loss of business
by Bay Creek Manufacturing with the TAA-certified firm
contributed importantly to worker separations at Bay Creek
Manufacturing, Inc., Mountain View, Missouri.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bay Creek
Manufacturing, Inc., Mountain View, Missouri, who are engaged in
employment related to the production of cheerleading uniforms,
meet the worker group certification criteria under Section
222(c) 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 Bay Creek Manufacturing, Inc., Mountain
View, Missouri, who became totally or partially separated
from employment on or after October 22, 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 18th day of February, 2010


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance