DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,821

HANES BRANDS INCORPORATED
FOREST CITY, NORTH CAROLINA

Notice of Negative Determination
Regarding Application for Reconsideration

By application of August 27, 2007, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on July 25, 2007
and published in the Federal Register on August 9, 2007 (72 FR
44866).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or


(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.

The TAA petition filed on behalf of workers at Hanes Brands
Incorporated, Forest City, North Carolina engaged in the
production of fleece and Jersey fabric, was denied based on the
findings that during the relevant time period, the subject
company 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.
In the request for reconsideration, the petitioner states
that there was a significant decrease in employment at the
subject firm in the past few years and that the subject firm
replaces workers who have left the company by temporary labor.
The company official was contacted to verify employment
numbers at the subject firm. When assessing eligibility for TAA,
the Department exclusively considers the relevant employment data
(for one year prior to the date of the petition and any imminent
layoffs) for the facility where the petitioning worker group was
employed. The company official confirmed what was established
during the initial investigation. Production and salaried worker
employment at the subject firm has increased from 2005 to 2006
and from January through June of 2007 when compared with the same
period in 2006. Furthermore, the company official clarified
that the subject firm does hire temporary workers in the times of
increased demand. However, the employment numbers provided by
the company official in the initial investigation do not reflect
temporary workers.
Should conditions change in the future, the petitioner is
encouraged to file a new petition on behalf of the worker group
which will encompass an investigative period that will include
these changing conditions.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C., this 28th day of September, 2007
/s/ Elliott S. Kushner
______________________
ELLIOTT S. Kushner
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,821

HANES BRANDS INCORPORATED
FOREST CITY, NORTH CAROLINA

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 June 13, 2007 in response
to a petition filed on behalf of workers of Hanes Brands
Incorporated, Forest City, North Carolina. The workers produce
fleece and Jersey fabric.
The investigation revealed that criteria (a)(2)(A)(I.A.) and
(a)(2)(B)(II.A.) have not been met.
The investigation determined 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 thereof, means that at least three workers
with a workforce of fewer than 50 workers or five percent of the
workers with a workforce of 50 or more.
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 Hanes
Brands Incorporated, Forest City, North 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 25th day of July 2007

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




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