TAA Decision 92560
Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-92,560
APP USA WINDDOWN, LLC (F/K/A AMERICAN APPAREL (USA), LLC)
APP WINDDOWN, LLC (F/K/A AMERICAN APPAREL, LLC)
APP SHIPPING WINDDOWN, INC. (F/K/A FRESH AIR FREIGHT, INC.)
INCLUDING ON-SITE LEASED WORKERS FROM MCDERMOTT & BULL, 24
SEVEN TALENT, MANPOWER GROUP, CORE STAFFING SOLUTIONS,
ROBERT HALF/ ACCOUNTEMPS, TURSKI & ASSOCIATES, 8020
CONSULTING, AND KIM PROFESSIONALS SERVICES INC.
LOS ANGELES, CALIFORNIA
TA-W-92,560A
APP USA WINDDOWN, LLC (F/K/A AMERICAN APPAREL (USA), LLC)
APP WINDDOWN, LLC (F/K/A AMERICAN APPAREL, LLC)
APP SHIPPING WINDDOWN, INC. (F/K/A FRESH AIR FREIGHT, INC.)
INCLUDING ON-SITE LEASED WORKERS FROM MCDERMOTT & BULL, 24
SEVEN TALENT, MANPOWER GROUP, CORE STAFFING SOLUTIONS,
ROBERT HALF/ ACCOUNTEMPS, TURSKI & ASSOCIATES, 8020
CONSULTING, AND KIM PROFESSIONALS SERVICES INC.
GARDEN GROVE, CALIFORNIA
TA-W-92,560B
APP USA WINDDOWN, LLC (F/K/A AMERICAN APPAREL (USA), LLC)
APP WINDDOWN, LLC (F/K/A AMERICAN APPAREL, LLC)
APP SHIPPING WINDDOWN, INC. (F/K/A FRESH AIR FREIGHT, INC.)
INCLUDING ON-SITE LEASED WORKERS FROM MCDERMOTT & BULL, 24
SEVEN TALENT, MANPOWER GROUP, CORE STAFFING SOLUTIONS,
ROBERT HALF/ ACCOUNTEMPS, TURSKI & ASSOCIATES, 8020
CONSULTING, AND KIM PROFESSIONALS SERVICES INC.
SOUTH GATE, CALIFORNIA
TA-W-92,560C
APP USA WINDDOWN, LLC (F/K/A AMERICAN APPAREL (USA), LLC)
APP WINDDOWN, LLC (F/K/A AMERICAN APPAREL, LLC)
APP SHIPPING WINDDOWN, INC. (F/K/A FRESH AIR FREIGHT, INC.)
INCLUDING ON-SITE LEASED WORKERS FROM MCDERMOTT & BULL, 24
SEVEN TALENT, MANPOWER GROUP, CORE STAFFING SOLUTIONS,
ROBERT HALF/ ACCOUNTEMPS, TURSKI & ASSOCIATES, 8020
CONSULTING, AND KIM PROFESSIONALS SERVICES INC.
LA MIRADA, CALIFORNIA
TA-W-92,560D
APP USA WINDDOWN, LLC (F/K/A AMERICAN APPAREL (USA), LLC)
APP WINDDOWN, LLC (F/K/A AMERICAN APPAREL, LLC)
APP SHIPPING WINDDOWN, INC. (F/K/A FRESH AIR FREIGHT, INC.)
INCLUDING ON-SITE LEASED WORKERS FROM MCDERMOTT & BULL, 24
SEVEN TALENT, MANPOWER GROUP, CORE STAFFING SOLUTIONS,
ROBERT HALF/ ACCOUNTEMPS, TURSKI & ASSOCIATES, 8020
CONSULTING, AND KIM PROFESSIONALS SERVICES INC.
HAWTHORNE, CALIFORNIA
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;
(2)(B)(i)(I) there has been a shift by the workers'
firm to a foreign country in the production of
articles or supply of services like or directly
competitive with those produced/supplied by the
workers' firm; OR
(II) there has been an acquisition from a
foreign country by the workers' firm of
articles/services that are like or directly
competitive with those produced/supplied by
the workers' firm; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.
The investigation was initiated in response to a petition
filed on January 18, 2017 by a state workforce office on behalf
of workers of APP USA Winddown, LLC (f/k/a American Apparel
(USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC),
and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight,
Inc.), Los Angeles, California (TA-W-92,560), APP USA
Winddown, LLC (f/k/a American Apparel (USA), LLC), APP
Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping
Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), Garden Grove,
California (TA-W-92,560A); APP USA Winddown, LLC (f/k/a
American Apparel (USA), LLC), APP Winddown, LLC (f/k/a
American Apparel, LLC), and APP Shipping Winddown, Inc.
(f/k/a Fresh Air Freight, Inc.), South Gate, California (TA-
W-92,560B); APP USA Winddown, LLC (f/k/a American Apparel
(USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC),
and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight,
Inc.), La Mirada, California (TA-W-92,560C), and APP USA
Winddown, LLC (f/k/a American Apparel (USA), LLC), APP
Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping
Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), Hawthorne,
California (TA-W-92,560D) (herein known as "American
Apparel") are the subject of the investigation. The worker
group is inclusive of on-site leased from McDermott & Bull,
24 Seven Talent, Manpower Group, Core Staffing Solutions,
Robert Half, Accountemps, Turski & Associates, 8020
Consulting and Kim Professionals Services Inc. The workers
the subject of the investigation is engaged in activities
related to the production of men & women's apparel and fashion
accessories.
During the course of the investigation, information was
collected from the petitioner and the workers' firm.
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)(B) has been met because the workers'
firm has partially shifted to a foreign country the production
of an article like or directly competitive with the article
produced by the workers which contributed importantly to worker
group separations at American Apparel. Federal Regulations
define firm to include "...individual proprietorship, partnership,
joint venture, association, corporation (including a development
corporation), business trust, cooperative, trustee in
bankruptcy, and receiver under decree of any court. A firm,
together with any predecessor or successor-in-interest, or
together with any affiliated firm controlled or substantially
beneficially owned by substantially the same persons, may be
considered a single firm." (29 CFR 90.2)
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of APP USA Winddown,
LLC (f/k/a American Apparel (USA), LLC), APP Winddown, LLC
(f/k/a American Apparel, LLC), and APP Shipping Winddown,
Inc. (f/k/a Fresh Air Freight, Inc.), Los Angeles, California
(TA-W-92,560), APP USA Winddown, LLC (f/k/a American Apparel
(USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC),
and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight,
Inc.), Garden Grove, California (TA-W-92,560A); APP USA
Winddown, LLC (f/k/a American Apparel (USA), LLC), APP
Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping
Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), South Gate,
California (TA-W-92,560B); APP USA Winddown, LLC (f/k/a
American Apparel (USA), LLC), APP Winddown, LLC (f/k/a
American Apparel, LLC), and APP Shipping Winddown, Inc.
(f/k/a Fresh Air Freight, Inc.), La Mirada, California (TA-W-
92,560C), and APP USA Winddown, LLC (f/k/a American Apparel
(USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC),
and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight,
Inc.), Hawthorne, California (TA-W-92,560D), including on-site
leased workers from McDermott & Bull, 24 Seven Talent,
Manpower Group, Core Staffing Solutions, Robert Half,
Accountemps, Turski & Associates, 8020 Consulting and Kim
Professionals Services Inc., who are engaged in activities
related to the production of men & women's apparel and fashion
accessories 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 APP USA Winddown, LLC (f/k/a American
Apparel (USA), LLC), APP Winddown, LLC (f/k/a American
Apparel, LLC), and APP Shipping Winddown, Inc. (f/k/a
Fresh Air Freight, Inc.), Los Angeles, California (TA-W-
92,560), APP USA Winddown, LLC (f/k/a American Apparel
(USA), LLC), APP Winddown, LLC (f/k/a American Apparel,
LLC), and APP Shipping Winddown, Inc. (f/k/a Fresh Air
Freight, Inc.), Garden Grove, California (TA-W-92,560A);
APP USA Winddown, LLC (f/k/a American Apparel (USA),
LLC), APP Winddown, LLC (f/k/a American Apparel, LLC),
and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight,
Inc.), South Gate, California (TA-W-92,560B); APP USA
Winddown, LLC (f/k/a American Apparel (USA), LLC), APP
Winddown, LLC (f/k/a American Apparel, LLC), and APP
Shipping Winddown, Inc. (f/k/a Fresh Air Freight, Inc.),
La Mirada, California (TA-W-92,560C), and APP USA
Winddown, LLC (f/k/a American Apparel (USA), LLC), APP
Winddown, LLC (f/k/a American Apparel, LLC), and APP
Shipping Winddown, Inc. (f/k/a Fresh Air Freight, Inc.),
Hawthorne, California (TA-W-92,560D), including on-site
leased workers from McDermott & Bull, 24 Seven Talent,
Manpower Group, Core Staffing Solutions, Robert Half,
Accountemps, Turski & Associates, 8020 Consulting and
Kim Professionals Services Inc. who became totally or
partially separated from employment on or after January 17,
2016 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 24th day of May 2017.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance