Petitioner Type: Workers
Impact Date: 10/08/2003
Filed Date: 10/08/2004
Most Recent Update: 11/05/2004
Determination Date: 11/05/2004
Expiration Date: 11/05/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,754A
DAN RIVER, INC.
1325 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK
TA-W-55,754H
INCLUDING AN EMPLOYEE OF DAN RIVER, INC., 1325 AVENUE OF THE
AMERICAS, NEW YORK, NEW YORK LOCATED IN
DREXEL HILL, PENNSYLVANIA
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
Regarding Eligibility to Apply for Worker Adjustment Assistance
on November 5, 2004, applicable to workers of Dan River, Inc.,
1325 Avenue of The Americas, New York, New York. The notice was
published in the Federal Register on December 9, 2004 (69 FR
71429). The certification was amended on February 16, 2005 and
October 21, 2005 to include workers at other locations of the
subject firm. The notices were published in the Federal Register
on March 9, 2005 (70 FR 11700-11701) and November 4, 2005 (70 FR
67198-67199) respectively.
At the request of a company official, the Department
reviewed the certification for workers of the subject firm.
New information shows that a worker separation occurred
involving an employee of 1325 Avenue of The Americas, New York,
New York of Dan River, Inc. located in Drexel Hills,
Pennsylvania. Mr. Paul A. Brenner provided support services for
the manufacture of home furnishing textiles produced by Dan
River, Inc.
Based on these findings, the Department is amending this
certification to include an employee of the 1325 Avenue of The
Americas, New York, New York facility of Dan River, Inc. located
in Drexel Hill, Pennsylvania.
The intent of the Department’s certification is to include
all workers of Dan River, Inc., 1325 Avenue of The Americas, New
York, New York who were affected by a shift in production to
China and Mexico.
The amended notice applicable to TA-W-55,754A is hereby
issued as follows:
"All workers of Dan River, Inc., 1325 Avenue of The
Americas, New York, New York (TA-W-55,754A),
including an employee of Dan River, Inc., 1325 Avenue
of The Americas, New York, New York, located in Drexel
Hill, Pennsylvania (TA-W-55,754H), who became totally
or partially separated from employment on or after
October 8, 2003, through November 5, 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 31st day of March 2006.
/s/ Linda G. Poole
_______
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,754
DAN RIVER, INC.
111 W 40TH STREET
SALES & STYLING DIVISION
NEW YORK, NEW YORK
TA-W-55,754A
DAN RIVER, INC.
1325 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK
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 investigation was initiated on October 8, 2004, in
response to a petition filed on behalf of workers of Dan River,
Inc., 111 W. 40th Street, New York, New York. The workers are
engaged in administrative support activities, which include
styling, sales, administration and management.
At the request of the company official, the petition
investigation was expanded to include the workers also performing
administrative support services for the firm at 1325 Avenue of the
Americas, New York, New York.
Employment at Dan River, Inc., 111 W. 40th Street, New York,
New York (TA-W-55,754) and Dan River, Inc., 1325 Avenue of the
Americas, New York, New York (TA-W-55,754A) declined in January
through September 2004 when compared to the same period of the
previous year.
The investigation revealed that workers at the above locations
are in support of Dan River’s home furnishing textiles and apparel
fabric production in Danville, Virginia. Workers of Dan River,
Inc., Danville, Virginia, are certified eligible to apply for trade
adjustment assistance under petition number TA-W-52,427.
The investigation further revealed that during the relevant
period, production at the firm’s manufacturing facility in
Danville, Virginia declined. In that same period the firm
increased its imports of furnishing textiles and apparel fabrics.
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 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 facility are age 50 or
over and do not possess skills that are 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 home furnishing textiles and
apparel fabric produced by Dan River, Inc., 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., 111 W. 40th Street, New York,
New York (TA-W-55,754) and Dan River, Inc., 1325 Avenue of the
Americas, New York, New York (TA-W-55,754A) who became totally
or partially separated from employment on or after October 8,
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 5th day of November 2004
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,754A
DAN RIVER, INC.
1325 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK
TA-W-55,754E
DAN RIVER, INC.
DALLAS, TEXAS
TA-W-55,754F
DAN RIVER, INC.
LAKE FOREST, ILLINOIS
TA-W-55,754G
DAN RIVER, INC.
HICKORY, 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 5, 2004,
applicable to workers of Dan River, Inc., 1325 Avenue of The
Americas, New York, New York. The notice was published in the
Federal Register on December 9, 2004 (69 FR 71429). The
certification was amended on February 16, 2005 to include workers
at other locations of the subject firm. The notice was published
in the Federal Register on March 9, 2005 (70 FR 11700-11701).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. New
information shows that workers located in Dallas, Texas, Lake
Forest, Illinois, and Hickory, North Carolina, reporting to Dan
River, Inc., 1325 Avenue of The Americas, New York, New York,
have been separated from employment. These employees provided
support services for the production of home furnishing textiles
and apparel fabric produced by Dan River, Inc.
Based on these findings, the Department is amending this
certification to include employees of Dan River, Inc., 1325
Avenue of the Americas, New York, New York, located in Dallas,
Texas, Lake Forest, Illinois and Hickory, North Carolina.
The intent of the Department's certification is to include
all workers of Dan River, Inc. who were adversely affected by a
shift in production to China and Mexico.
The amended notice applicable to TA-W-55,754A is hereby
issued as follows:
"All workers of Dan River, Inc., 1325 Avenue of The
Americas, New York, New York (TA-W-55,754A), and
employees of Dan River, Inc., 1325 Avenue of The
Americas, New York, New York, located in Dallas, Texas
(TA-W-55,754E), Lake Forest, Illinois (TA-W-55,754F),
and Hickory, North Carolina (TA-W-55,754G), who became
totally or partially separated from employment on or
after October 8, 2003, through November 5, 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 21st day of October 2005.
/s/ Linda G. Poole
________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,754
DAN RIVER, INC.
111 W 40TH STREET
SALES & STYLING DIVISION
NEW YORK, NEW YORK
TA-W-55,754A
DAN RIVER, INC.
1325 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK
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 investigation was initiated on October 8, 2004, in
response to a petition filed on behalf of workers of Dan River,
Inc., 111 W. 40th Street, New York, New York. The workers are
engaged in administrative support activities, which include
styling, sales, administration and management.
At the request of the company official, the petition
investigation was expanded to include the workers also performing
administrative support services for the firm at 1325 Avenue of the
Americas, New York, New York.
Employment at Dan River, Inc., 111 W. 40th Street, New York,
New York (TA-W-55,754) and Dan River, Inc., 1325 Avenue of the
Americas, New York, New York (TA-W-55,754A) declined in January
through September 2004 when compared to the same period of the
previous year.
The investigation revealed that workers at the above locations
are in support of Dan River’s home furnishing textiles and apparel
fabric production in Danville, Virginia. Workers of Dan River,
Inc., Danville, Virginia, are certified eligible to apply for trade
adjustment assistance under petition number TA-W-52,427.
The investigation further revealed that during the relevant
period, production at the firm’s manufacturing facility in
Danville, Virginia declined. In that same period the firm
increased its imports of furnishing textiles and apparel fabrics.
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 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 facility are age 50 or
over and do not possess skills that are 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 home furnishing textiles and
apparel fabric produced by Dan River, Inc., 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., 111 W. 40th Street, New York,
New York (TA-W-55,754) and Dan River, Inc., 1325 Avenue of the
Americas, New York, New York (TA-W-55,754A) who became totally
or partially separated from employment on or after October 8,
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 5th day of November 2004
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance