DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,861

SWIMWEAR ANYWHERE INC.
FARMINGDALE, NEW YORK

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273) as amended by the Omnibus Trade and Competitiveness Act of 1988 (P. L. 100-418), the Department of Labor herein presents the results of an investigation regarding certification of eli-gibility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition received on August 20, 2001, filed by UNITE Local 89-22-1 on behalf of workers at Swimwear Anywhere Inc., Farmingdale, New York. The workers were shipping clerks involved in the distribution of ladies= bathing suits.
The investigation revealed that the workers of Swimwear Anywhere Inc., Farmingdale, New York, do not produce an article within the meaning of Section 222(3) of the Act. The Department of Labor has consistently determined that the performance of services does not constitute production of an article, as required by Section 222 of the Trade Act of 1974, and this determination has been upheld in the U. S. Court of Appeals.

Workers of the subject firm may be certified only if their separation was caused importantly by a reduced demand for their services from a parent firm, a firm otherwise related to the subject firm by ownership, or a firm related by control. Additionally, the reduction in demand for services must originate at a production facility whose workers independently meet the statutory criteria for certification and the reduction must directly relate to the product impacted by imports. These conditions have not been met for workers at the subject firm.
Conclusion
After careful review, I determine that all workers of Swimwear Anywhere Inc., Farmingdale, New York, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 14th day of December 2001.


/s/ Linda G. Poole ______________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment Assistance