DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,014

763 FASHION, 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 April 29, 2010 by three workers of 763 Fashion, Inc., New York,
New York. The workers were engaged in activities related to the
production of women's pants and blouses.
The investigation revealed that workers of the subject firm,
who were engaged in activities related to production of women's
pants and blouses, meet the criteria for certification.
Section 222(a)(1) has been met because all workers were
separated during the period under investigation.
Section 222(a)(2)(A)(i) has been met because the sales and
production of women's pants and blouses declined absolutely during
the relevant period.
Section 222(a)(2)(A)(ii)(I) has been met because aggregate
United States imports of women's tops and bottoms that are like or
directly competitive with those produced by the subject firm
increased significantly during the relevant period. That is, the
ratio of United States imports of women's tops and bottoms
increased relative to United States shipments during the relevant
period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased aggregate United States imports of women's tops and
bottoms that are like or directly competitive with those produced
by the subject firm contributed importantly to the worker group
separations and sales/production declines at the subject firm.





Conclusion
After careful review of the facts obtained in the investigation,
I determine that workers of 763 Fashion, Inc., New York, New York who
are engaged in employment related to production of women's pants and
blouses, 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 763 Fashion, Inc., New York, New York who became
totally or partially separated from employment on or after April
19, 2009, through two years from the date of 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, D.C., this 2nd day of June, 2010

/s/Elliott S. Kushner
_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance