Petitioner Type: Workers
Impact Date: 10/03/2003
Filed Date: 10/03/2003
Most Recent Update: 11/14/2003
Determination Date: 11/14/2003
Expiration Date: 11/14/2005
Employment and Training Administration
TA-W-53,134
DAN RIVER, INC
FORT VALLEY, GEORGIA
Certification Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order
to provide equitable access to ATAA for worker groups whose
petitions were still in process at the time of implementation of
the ATAA program on August 6, 2003. Under this new
interpretation, worker groups covered by the certification of a
petition that was in process on August 6, 2003 may request ATAA
consideration for the certified worker group. In addition,
certified worker groups who filed petitions after that date may
also request ATAA if the petition did not include an option to
apply for ATAA. The request must be made to the Department and
may be made by anyone who was entitled to file the original
petition under section 221(a)(1) of the Act.
By letter dated December 9, 2004, a company official
requested ATAA consideration for workers at the subject firm
located in Fort Valley, Georgia.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246(a)(3)(A) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data show
that competitive conditions within the textile industry are
adverse.
Conclusion
After careful review of the facts obtained on investigation,
I conclude that the requirements of Section 246(a)(3)(A) of the
Trade Act of 1974, as amended, have been met for workers at the
subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Dan River, Inc., Fort Valley, Georgia who
became totally or partially separated from employment on or
after October 3, 2002 through November 14, 2005 are
eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended.”
Signed in Washington, D.C., this 28th day of January 2005.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,134
DAN RIVER, INC.
FORT VALLEY, GEORGIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on October 3, 2003 in response
to a petition filed on behalf of workers of Dan River, Inc., Fort
Valley, Georgia. The workers at the subject firm produced sheets,
comforters, & home apparel; they were not separately identifiable
by product line.
The investigation revealed that sales, production, and
employment at the subject firm decreased absolutely during the
period of January to June 2003, when compared to the same period in
2002.
Furthermore, imports of sheets, comforters, & home apparel by
the subject firm increased absolutely during the period under
investigation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with sheets, comforters, & home
apparel produced at Dan River, Inc., Fort Valley, Georgia
contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Dan River, Inc., Fort Valley, Georgia who
became totally or partially separated from employment on or
after October 3, 2002 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974."
Signed in Washington, D. C. this 14th day of November, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
May want to list the specific citation to the group eligibility requirements.
May want to list the specific citation to the group eligibility requirements.