Certified
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TAW-74861  /  Nay et al, Inc. (Los Angeles, CA)

Petitioner Type: Workers
Impact Date: 10/09/2009
Filed Date: 11/12/2010
Most Recent Update: 12/22/2010
Determination Date: 12/22/2010
Expiration Date: 12/22/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,861

NAY ET AL, INC.
BABY NAY, THE BIG CITIZEN DIVISION
LOS ANGELES, 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:
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 the California State Workforce on November 12, 2010 on
behalf of workers of Nay et al, Inc., Baby Nay, The Big Citizen
Division, Los Angeles, California. The workers are engaged in
activities related to production of infant and children's
clothing.
The investigation revealed that workers of Nay et al, Inc.,
Baby Nay, The Big Citizen Division, who are engaged in
activities related to production of infant and children's
clothing, meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers have been totally or partially separated or
threatened with separation.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country articles like or directly
competitive with the infant and children's clothing produced
by the workers' firm.
Criterion III has been met because the acquisition of
infant and children's clothing from a foreign country by Nay et
al, Inc., contributed importantly to worker group separations
at the subject firm.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nay et al, Inc., Baby
Nay, The Big Citizen Division, Los Angeles, California, who are
engaged in activities related to production of infant and
children's clothing, 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 Nay et al, Inc., Baby Nay, The Big Citizen
Division, Los Angeles, California, who became totally or
partially separated from employment on or after October 9,
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 22nd day of December, 2010


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