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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

      

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