DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-61,669

SUPERIOR MILLS, INC.
MARION, 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 (19
USC 2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualifies as adversely affected
secondary workers acting as downstream producers for a firm or
subdivision primarily affected by increased imports from Canada or
Mexico or a shift of production to Canada or Mexico.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

The investigation was initiated on June 12, 2007, in response
to a petition filed on behalf of workers of Superior Mills, Inc,
Marion, Virginia. Workers at the subject facility were engaged in
a variety of finishing tasks on socks including bleaching, dying,
pressing and folding.
The investigation revealed that criterion (2) was not met.
The subject facility was a finisher, not a supplier. Workers
at the subject facility performed finishing tasks on socks supplied
to it by another company, who retained ownership of the socks.
Although Superior Mills finished socks for a manufacturer
whose workers were certified eligible for Trade Adjustment
Assistance, that certification was not based on a shift in
production or increased company imports from Canada or Mexico as
required for certification of workers engaged in finishing.
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 covered by
this petition of Superior Mills, Inc, Marion, Virginia, do not
qualify as adversely affected secondary workers and are denied
eligibility to apply for adjustment assistance under section 223(b)
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 16th day of October 2007

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