[Federal Register Volume 70, Number 78 (Monday, April 25, 2005)]
[Notices]
[Pages 21250-21251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1941]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-55,748]


Liz Claiborne, Inc., North Bergen, NJ; Notice of Revised 
Determination on Reconsideration

    On March 1, 2005, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration applicable to 
workers and former workers of the subject firm. The Notice of 
determination was published in the Federal Register on March 15, 2005 
(70 FR 12737). A corrected copy of the determination (dated March 11, 
2005) was published in the Federal Register on March 22, 2005 (70 FR 
14484).
    The Department initially denied Trade Adjustment Assistance (TAA) 
to workers of Liz Claiborne, Inc., North Bergen, New Jersey because the 
subject company did not import garment prototypes or samples and did 
not shift production of these articles abroad.
    In the request for reconsideration, the petitioners alleged that 
the subject firm shifted sample production abroad.
    In order to make an affirmative determination and issue a 
certification of eligibility to apply for Trade Adjustment Assistance, 
the group eligibility requirements in either paragraph (a)(2)(A) or 
(a)(2)(B) of Section 222 of the Trade Act must be met. It is determined 
in this case that the requirements of (a)(2)(B) of Section 222 have 
been met.
    During the reconsideration investigation, the Department requested 
additional information and clarification from the subject company and 
the petitioners.
    The reconsideration investigation revealed that the company 
official misunderstood what constituted a shift of production. Based on 
newly obtained information, the Department determined that during the 
relevant period, subject company domestic garment sample production 
levels and employment levels declined and that the subject company 
shifted garment sample production abroad and increased its reliance on 
imports of garment samples.
    In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department herein presents the results of its 
investigation regarding certification of eligibility to apply for 
Alternative Trade Adjustment Assistance (ATAA) for older workers.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the group eligibility requirements of Section 246 of 
the Trade Act must be met. The Department has determined in this case 
that the requirements of Section 246 have been met.
    According to the company official, a significant number of workers 
at the firm are age fifty or over and workers of the subject facility 
possess skills that are not easily transferable. Competitive conditions 
within the garment industry are adverse.

Conclusion

    After careful review of the newly obtained facts obtained in the 
reconsideration investigation, I determine that there was a shift of 
garment sample production abroad followed by actual or likely increased 
imports of articles that are like or directly competitive with those 
produced by the subject firm or subdivision. In accordance with the 
provisions of the Act, I make the following certification:


[[Page 21251]]


    All workers of Liz Claiborne, Inc., North Bergen, New Jersey, 
who became totally or partially separated from employment on or 
after October 5, 2003 through two years from the date of 
certification are eligible to apply for adjustment assistance under 
Section 223 of the Trade Act of 1974, and are also eligible to apply 
for alternative trade adjustment assistance under Section 246 of the 
Trade Act of 1974.


    Signed in Washington, DC this 25th day of March 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-1941 Filed 4-22-05; 8:45 am]
BILLING CODE 4510-30-P