DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,350

FASHION ABILITY, 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 February 21, 2012 by three workers on behalf of
workers of Fashion Ability, Inc., New York, New York (Fashion
Ability). The workers' firm is engaged in activities related to
the production of men's, women's and children's clothing.
It is unknown whether the worker group includes leased
workers or workers from a temporary staffing agency.
During the course of the investigation, information was
collected from the petitioners and industry data research.
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
and/or production of men's, women's and children's clothing by
Fashion Ability have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because aggregate
imports of articles like or directly competitive with the
articles produced by Fashion Ability have increased during the
relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased aggregate imports contributed importantly to the
worker group separations and sales/production declines at
Fashion Ability.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Fashion Ability,
Inc., New York, New York, who are engaged in activities related
to the production of men's, women's 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 Fashion Ability, Inc., New York, New York,
who became totally or partially separated from employment
on or after February 19, 2011, 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 13th day of March, 2012


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