Denied
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TAW-59408  /  WestPoint Stevens, Inc. (Drakes Branch, VA)

Petitioner Type: Workers
Impact Date:
Filed Date: 05/16/2006
Most Recent Update: 06/28/2006
Determination Date: 06/28/2006
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-59,408

WESTPOINT STEVENS, INC.
DRAKES BRANCH, VIRGINIA

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 on May 16, 2006 in
response to a petition filed on behalf of WestPoint Stevens,
Inc., Drakes Branch, Virginia. The workers provide maintenance
and security.
Workers at the subject firm were certified eligible to
apply for Trade Adjustment Assistance on May 20, 2004 (TA-W-
59,408). That certification expired May 20, 2006. Production at
the facility ceased in March of 2005.
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 domestically in
the relevant time period one year prior to the date of the
petition, and there must be a relationship between the workers'
work and the article produced by the workers' firm or
appropriate subdivision. The investigation revealed that
although production of an article at a domestic location
occurred within the firm or appropriate subdivision, that
production did not occur within one year prior to the date of
the petition. Therefore, the maintenance/security worker group
described above does not support this production in the relevant
time period. Thus the worker group can not be considered import
impacted or affected by a shift in production of an article.
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., Drakes Branch, Virginia 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 28th day of June, 2006


/s/Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance