DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,715

BOGNER OF AMERICA, INC.
A SUBSIDIARY OF WILLY BOGNER GMBH AND COMPANY
NEWPORT, VERMONT


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 October 30, 2009 by a company official on behalf of
workers of Bogner of America, Inc., a subsidiary of Willy
Bogner Gmbh and Company, Newport, Vermont. The workers were
engaged in work related to the supply of distribution and
information technology services.
The investigation revealed that workers of Bogner of
America, Inc. who are engaged in employment related to the
supply of distribution and information technology services
meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers have been separated or are threatened with
separation during the relevant time period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the supply of services like
or directly competitive with the services supplied by the
workers.
Criterion III has been met because the shift in services
contributed importantly to worker group separations at the
Newport, Vermont facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bogner of America,
Inc., a subsidiary of Willy Bogner Gmbh and Company, Newport,
Vermont, who are engaged in employment related to distribution
and information technology 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 Bogner of America, Inc., Newport, Vermont,
who became totally or partially separated from employment
on or after October 28, 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 15th day of July, 2010

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance