DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,388

WESTPOINT STEVENS, INC.
DALEVILLE DIVISION OFFICE
DALEVILLE, INDIANA

Negative 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, 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, 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.

The investigation was initiated on January 24, 2005, in
response to a petition filed by a company official, on behalf of
workers of WestPoint Stevens, Inc., Daleville Division Office,
Indiana. The worker performed administrative duties in direct
support of the production of bed pillows at WestPoint Stevens,
Inc., Middletown Plant, Middletown, Indiana.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
The investigation revealed that workers of WestPoint Stevens,
Inc., Middletown Plant, Middletown, Indiana were denied eligibility
to apply for trade adjustment assistance under petition number TA-
W-56,357, March 4, 2005.
The investigation further revealed bed pillows produced at the
subject plant will now be transferred domestically to affiliated
facilities in Alabama and Nevada.
The Department of Labor surveyed the subject firms’ major
customers regarding their purchases of bed pillows in 2003, 2004
and January through February 2005. The survey revealed no imports
during the period under investigation. The survey results further
revealed customers increased their domestic purchases of bed
pillows from 2003 to 2004.
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 are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.






Conclusion
After careful review, I determine that all workers of
WestPoint Stevens, Inc., Daleville Division Office, Indiana 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 in Washington, D. C. this 4th day of March, 2005.


/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance