DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,324

CHEROKEE HOSIERY MILLS INC.
FORT PAYNE, ALABAMA

Negative Determinations Regarding Eligibility
To Apply for Worker 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 November 14, 2005 in
response to a petition filed by a company official on behalf of
workers at Cherokee Hosiery Mills Inc., Fort Payne, Alabama.
Workers at the subject firm finish men's athletic cotton socks.
Workers of the subject firm were certified eligible to apply
for trade adjustment assistance on October 14, 2003, based on
increased customer imports of cotton socks (petition number TA-W-
52,564F). That certification expired October 14, 2005.
This investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) were not met.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or
proportion of workers as required by Section 222 of the Trade Act
of 1974. Significant number or proportion of the workers in a
firm or appropriate subdivision means at least three workers in a
workforce of fewer than 50 workers, five percent of the workers
in a workforce of over 50 workers, or at least 50 workers.
Petitioners may re-apply should circumstances change.
Conclusion
After careful review of the facts obtained in this
investigation, I determine that all workers at Cherokee Hosiery
Mills Inc., Fort Payne, Alabama are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C., this 25th day of November 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance