DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,668

DAMY INDUSTRIES, INC.
ATHENS, TENESSEE

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), 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 sales and/or production have
decreased absolutely at the workers firm or subdivision and an
increase in imports of articles like or directly competitive with
articles produced by the workers' firm or subdivision contributed
importantly to workers' separation or threat of separation and to
the decline in the sales or production of the subject firm or
subdivision.
The investigation was initiated on April 6, 2004 in response
to a petition filed by a company official on behalf of workers at
Damy Industries, Inc., Athens, Tennessee. The workers at the
subject firm produce ladies' robes and loungewear.
Workers at the subject firm were certified eligible to apply
for adjustment assistance on October 22, 2001. That certification
expired October 22, 2003.
The investigation revealed that sales, production, and
employment at the subject firm declined during the period of
January through March of 2004 compared to the same period of 2003.
It is anticipated the subject plant will shut down in June of 2004.
The investigation further revealed that company imports of
ladies' robes and loungewear increased during the relevant period.
In addition, in order for the Department to issue a
certification of eligibility to apply for ATAA, the group
eligibility requirements of Section 246 of the Trade Act must be
met. The Department has determined in this case that the
requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with ladies' robes and loungewear
produced at Damy Industries, Inc., Athens, Tennessee contributed
importantly to the total or partial separation of workers and to
the decline in sales or production and at that firm or subdivision.
In accordance with the provisions of the Act, I make the following
certification:
"All workers of Damy Industries, Inc., Athens, Tennessee who
became totally or partially separated from employment on or
after October 23, 2003 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 10th day of May 2004.

/s/ Richard Church

_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance