DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,746

WESTPOINT STEVENS, INC.
NOW KNOWN AS WESTPOINT HOME, INC
ALAMANCE PLANT AND DISTRIBUTION CENTER
BED PRODUCTS DIVISION
BURLINGTON, NORTH CAROLINA

Amended 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 (19
USC 2273), and Section 246 of the Trade Act of 1974, (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on November 16, 2004,
applicable to workers of the WestPoint Stevens, Inc., Alamance
Plant and Distribution Center, Bed Products Division, Burlington,
North Carolina. The notice was published in the Federal Register
on December 9, 2004 (69 FR 71429).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in the production of bed comforters and
shams.
Information submitted to the Department shows that on August
8, 2005, American Real Estate Partners purchased WestPoint
Stevens, Inc. and is now known as WestPoint Home, Inc.

Accordingly, the Department is amending this certification
to reflect the new ownership.
The intent of the Department’s certification is to include
all workers of WestPoint Stevens, Inc., Alamance Plant and
Distribution Center, Bed Products Division who were adversely
affected by increased imports.
The amended notice applicable to TA-W-55,746 is hereby issued
as follows:
"All workers of WestPoint Stevens, Inc., Now Known as
WestPoint Home, Inc., Alamance Plant and Distribution
Center, Bed Products Division, Burlington, North Carolina,
who became totally or partially separated from employment on
or after October 4, 2003, through November 16, 2006, 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 at Washington, D.C. this 17th day of August 2005.

/s/ Linda G. Poole
________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,746

WESTPOINT STEVENS
ALAMANCE PLANT AND DISTRIBUTION CENTER
BED PRODUCTS DIVISION
BURLINGTON, NORTH CAROLINA

TA-W-55,746A

WESTPOINT STEVENS
CLEMSON FABRICATION PLANT AND DISTRIBUTION CENTER
BED PRODUCTS DIVISION
CLEMSON, SOUTH CAROLINA

Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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 an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on October 7, 2004 in response
to a petition filed by a company official on behalf of workers of
WestPoint Stevens, Alamance Plant and Distribution Center, Bed
Products Division, Burlington, North Carolina (TA-W-55,746), and
Clemson Fabrication Plant and Distribution Center, Bed Products
Division, Clemson, South Carolina (TA-W-55,746A).
Workers of the Alamance Plant and Distribution Center, Bed
Products Division (TA-W-55,746) produce bed comforters and shams.
Workers of the Clemson Fabrication Plant and Distribution Center,
Bed Products Division (TA-W-55,746A) produce sheets and pillow
cases; they are not separately identifiable by articles produced.
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 the case of TA-W-55,746 that the requirements
of (a)(2)(A) of Section 222 have been met.
Alamance Plant and Distribution Center, Bed Products Division
(TA-W-55,746):
The investigation revealed that sales, production and
employment at the subject facility declined from 2002 to 2003 and
again during the period from January through September 2004
compared to the same period in 2003.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of bed comforters and
shams. The survey revealed increased imports of bed comforters and
shams by the subject firm’s major declining customers during the
period under investigation.
In addition, in accordance with Section 246 of the Trade Act
of 1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA) for older workers.
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.
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 an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

It is determined in the case of the Clemson Fabrication Plant
and Distribution Center, Bed Products Division (TA-W-55,746A) that
criteria (a) (2) (A) (I.B) and (a)(2)(B)(II.B) were not met.
Clemson Fabrication Plant and Distribution Center, Bed Products
Division (TA-W-55,746A):
The investigation revealed that sales and production of sheets
and pillow cases at the subject facility increased during the
period of January through September of 2004 compared to the same
period in 2003.
Moreover, the subject facility did not increase imports of
sheets and pillow cases from 2002 to 2003 or during the period of
January through September 2004 compared to the same period in 2003,
nor did it shift production abroad during the relevant period.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers of the Clemson Fabrication Plant and Distribution Center,
Bed Products Division (TA-W-55,746A) are denied eligibility to
apply for TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with bed comforters and shams produced
at WestPoint Stevens, Alamance Plant and Distribution Center, Bed
Products Division, Burlington, North Carolina (TA-W-55,746)
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 WestPoint Stevens, Alamance Plant and
Distribution Center, Bed Products Division, Burlington, North
Carolina (TA-W-55,746) who became totally or partially
separated from employment on or after October 4, 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."
Furthermore, I determine that all workers of WestPoint
Stevens, Clemson Fabrication Plant and Distribution Center, Bed
Products Division, Clemson, South Carolina (TA-W-55,746A) are
denied eligibility to apply for adjustment assistance under section
223 of the Trade Act of 1974, and are also denied eligibility to
apply for alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.
Signed at Washington, D.C., this 16th day of November 2004

/s/ Linda G. Poole

__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance