DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,212

SUNSHINE 368, INC.
CORONA, 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 January 4, 2012 by three workers of Sunshine 368,
Inc., Corona, New York (Sunshine). The subject worker group
does not include on-site leased workers. The workers’ firm is
engaged in activities related to the production or support of
production of adult clothing.
During the course of the investigation, information was
collected from the petitioners and official government sources
of data.
Section 222(a)(1) has been met because 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.
Section 222(a)(2)(A)(i) has been met because the sales of
adult clothing by Sunshine have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because aggregate
imports of articles like or directly competitive with the
adult clothing by Sunshine have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased aggregate imports contributed importantly to the
worker group separations and sales declines at Sunshine.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Sunshine, who are
engaged in activities related to production of adult 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 Sunshine 368, Inc., Corona, New York, who
became totally or partially separated from employment on
or after February 13, 2010, 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 30th day of January,
2012.

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