DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-58,839

DAN RIVER, INC.
CALHOUN FALLS, SOUTH CAROLINA

Negative Determination 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 investigation was initiated in response to a petition
received on February 13, 2006 and filed by the South Carolina
Employment Security Commission on behalf of workers at Dan River,
Inc., Calhoun Falls, South Carolina. The worker(s) were engaged
in functions related to security and maintenance services for an
idle facility.
The investigation revealed that Dan River, Inc., Calhoun
Falls, South Carolina does not produce an article within the
meaning of Section 222(a)(2) of the Act. In order to be
considered eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, the worker group seeking
certification (or on whose behalf certification is being sought)
must work for a "firm" or appropriate subdivision that produces
an article and there must be a relationship between the workers'
work and the article produced by the workers' firm or appropriate
subdivision. The petitioning workers of Dan River, Inc., Calhoun
Falls, South Carolina do not support a firm or appropriate
subdivision that produces an article and thus the worker group
can not be considered import impacted or affected by a shift in
production of an article.
The investigation further revealed that in order to meet the
employment requirements, there must be at least three full-time
workers employed at some point during the period under
investigation. Workers of the group subject to this
investigation did not meet the threshold of employment.
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 assis-
tance (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 Dan
River, Inc., Calhoun Falls, South Carolina 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 6th day of March 2006.


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