Petitioner Type: Workers
Impact Date: 05/21/2009
Filed Date: 06/03/2010
Most Recent Update: 08/27/2010
Determination Date: 08/27/2010
Expiration Date: 08/27/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,185
LF USA, INC.
A SUBSIDIARY OF LI & FUNG LIMITED
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH WEAR ME APPAREL LLC
INCLUDING ON-SITE LEASED WORKERS FROM WINSTON STAFFING
NEW YORK, NEW YORK
Amended 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on August 27, 2010, applicable to workers
of LF USA, Inc., a subsidiary of Li & Fung Limited, including
on-site leased workers from Winston Staffing, New York, New
York. The notice was published in the Federal Register on
September 15, 2010 (75 FR 56143). Workers are engaged in
employment related to the supply of wholesale, clothing design,
business administration, and information technology support
services.
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm.
New information shows that some workers separated from
employment at the subject firm had their wages reported under a
separate unemployment insurance (UI) tax account under the name
Wear Me Apparel LLC.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in services to Hong Kong.
The amended notice applicable to TA-W-74,185 is hereby
issued as follows:
“All workers of LF USA, Inc., a subsidiary of Li & Fung
Limited, including workers whose unemployment insurance
(UI) wages are reported through Wear Me Apparel LLC,
including on-site leased workers from Winston Staffing, New
York, New York, who became totally or partially separated
from employment on or after May 21, 2009, through August
27, 2012, 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 18th day of November, 2010
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,185
LF USA, INC.
A SUBSIDIARY OF LI & FUNG LIMITED
INCLUDING ON-SITE LEASED WORKERS FROM WINSTON STAFFING
NEW YORK, NEW YORK
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 June 3, 2010 by three workers of LF USA, Inc., a
subsidiary of Li & Fung Limited, New York, New York. The workers
are engaged in activities related to wholesale and design of
clothing, including sample and pattern making, business
administration, and information technology support, and include
on-site leased workers of Winston Staffing
The investigation revealed that workers of the subject firm
meet the criteria for certification.
Criterion I has been met because a significant percentage
of workers at the subject firm have been separated during the
relevant period.
Criterion II has been satisfied because the subject firm
has shifted services to Hong Kong during the relevant period.
Criterion III has been met because the shift in services
by the subject firm to Hong Kong contributed importantly to
worker group separations at the subject firm during the
relevant period.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of LF USA, Inc., a
subsidiary of Li & Fung Limited, including on-site leased
workers of Winston Staffing, New York, New York, who are engaged
in activities related to wholesale and design of clothing,
including sample and pattern making, business administration,
and information technology support, 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 LF USA, Inc., a subsidiary of Li & Fung
Limited, including on-site leased workers of Winston
Staffing, New York, New York, who became totally or
partially separated from employment on or after May 21,
2009 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 27th day of August, 2010
/s/Del Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-74,185
LF USA, INC.
A SUBSIDIARY OF LI & FUNG LIMITED
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH WEAR ME APPAREL LLC
INCLUDING ON-SITE LEASED WORKERS FROM WINSTON STAFFING
NEW YORK, NEW YORK
Amended 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on August 27, 2010, applicable to workers
of LF USA, Inc., a subsidiary of Li & Fung Limited, including
on-site leased workers from Winston Staffing, New York, New
York. The notice was published in the Federal Register on
September 15, 2010 (75 FR 56143). Workers are engaged in
employment related to the supply of wholesale, clothing design,
business administration, and information technology support
services.
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm.
New information shows that some workers separated from
employment at the subject firm had their wages reported under a
separate unemployment insurance (UI) tax account under the name
Wear Me Apparel LLC.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in services to Hong Kong.
The amended notice applicable to TA-W-74,185 is hereby
issued as follows:
“All workers of LF USA, Inc., a subsidiary of Li & Fung
Limited, including workers whose unemployment insurance
(UI) wages are reported through Wear Me Apparel LLC,
including on-site leased workers from Winston Staffing, New
York, New York, who became totally or partially separated
from employment on or after May 21, 2009, through August
27, 2012, 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 18th day of November, 2010
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,185
LF USA, INC.
A SUBSIDIARY OF LI & FUNG LIMITED
INCLUDING ON-SITE LEASED WORKERS FROM WINSTON STAFFING
NEW YORK, NEW YORK
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 June 3, 2010 by three workers of LF USA, Inc., a
subsidiary of Li & Fung Limited, New York, New York. The workers
are engaged in activities related to wholesale and design of
clothing, including sample and pattern making, business
administration, and information technology support, and include
on-site leased workers of Winston Staffing
The investigation revealed that workers of the subject firm
meet the criteria for certification.
Criterion I has been met because a significant percentage
of workers at the subject firm have been separated during the
relevant period.
Criterion II has been satisfied because the subject firm
has shifted services to Hong Kong during the relevant period.
Criterion III has been met because the shift in services
by the subject firm to Hong Kong contributed importantly to
worker group separations at the subject firm during the
relevant period.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of LF USA, Inc., a
subsidiary of Li & Fung Limited, including on-site leased
workers of Winston Staffing, New York, New York, who are engaged
in activities related to wholesale and design of clothing,
including sample and pattern making, business administration,
and information technology support, 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 LF USA, Inc., a subsidiary of Li & Fung
Limited, including on-site leased workers of Winston
Staffing, New York, New York, who became totally or
partially separated from employment on or after May 21,
2009 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 27th day of August, 2010
/s/Del Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance