DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,207

WENDY FASHION, INC.
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:
(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
on June 8, 2010 by three workers of Wendy Fashion, Inc., New York,
New York. The workers were engaged in activities related to the
production of men's and women's tops and bottoms.
The investigation revealed that workers of the subject firm,
who were engaged in activities related to production of men's and
women's tops and bottoms, meet the criteria for certification.
Section 222(a)(1) has been met because all workers were
separated during the period under investigation.
Section 222(a)(2)(A)(i) has been met because the sales and
production of pants and blouses for women declined absolutely.
Section 222(a)(2)(A)(ii)(I) has been met because aggregate
United States imports of men's bottoms and women's skirts that are
like or directly competitive with those produced by the subject
firm increased significantly during the relevant period. That is,
the ratios of United States imports of men's bottoms and women's
skirts to United States shipments are well over 700 percent and
rising during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased aggregate United States imports of women's tops and
bottoms that are like or directly competitive with those produced
by the subject firm contributed importantly to the worker group
separations and sales/production declines at the subject firm.






Conclusion
After careful review of the facts obtained in the investigation,
I determine that workers of Wendy Fashion, Inc., New York, New York,
who are engaged in employment related to production of men's and
women's tops and bottoms, 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 Wendy Fashion, Inc., New York, New York who
became totally or partially separated from employment on or
after May 18, 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 13th day of July, 2010

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