[Federal Register Volume 74, Number 217 (Thursday, November 12, 2009)]
[Notices]
[Pages 58315-58316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27102]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-70,045]


Victoria and Company, Ltd, a Division of Jones Apparel Group: 
Product Development Group, East Providence, RI; Determination Regarding 
Eligibility To Apply for Worker Adjustment Assistance and Alternative 
Trade Adjustment Assistance

    On October 22, 2009, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration applicable to 
workers and former workers of the subject firm.
    The previous investigation initiated on May 18, 2009, resulted in a 
negative determination issued on September 10, 2009, and was based on 
the finding that imports of solid fragrance compacts did not contribute 
importantly to worker separations at the subject firm and no shift of 
production to a foreign source occurred.
    In the request for reconsideration, the petitioners supplied 
additional information and alleged that the workers of the subject firm 
also designed and fabricated jewelry master models and that the subject 
firm shifted these functions to China during the relevant period. The 
petitioners' intention was to file a request for reconsideration for 
workers engaged in design and fabrication of master models.
    The Department contacted a company official of the subject firm to 
address this allegation. Upon further investigation, it was revealed 
that the workers of the subject firm not only manufactured solid 
fragrance compacts, but also performed technical design utilizing CAD 
systems and were engaged in model making and product coordination 
during the relevant period. These workers were Model Makers, Product 
Coordinators and Technical Designers and were employees of the Product 
Development Group. The workers were separately identifiable from other 
workers at the subject firm by job classification. The investigation 
further revealed that the subject firm shifted technical design, model 
making and product coordination functions to a third party located in 
Asia and that the

[[Page 58316]]

worker separations at the above mentioned department were directly 
attributed to this shift.

Conclusion

    After careful review of the additional facts obtained on 
reconsideration, I determine that workers of Victoria and Company, Ltd, 
a Division of Jones Apparel Group, Product Development Group, East 
Providence, Rhode Island, who are engaged in activities related to 
technical design, model making and product coordination 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:

    Workers of Victoria and Company, Ltd, a Division of Jones 
Apparel Group, Product Development Group, East Providence, Rhode 
Island, who became totally or partially separated from employment on 
or after May 18, 2008, through two years from the date of this 
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, DC this 3rd day of November 2009.
 Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-27102 Filed 11-10-09; 8:45 am]
BILLING CODE 4510-FN-P