DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,357
WESTPOINT HOME, INC.
STORES DIVISION
VALLEY, ALABAMA

TA-W-62,357A
WESTPOINT HOME, INC.
STORES DIVISION
ALBERTVILLE, MINNESOTA

TA-W-62,357B
WESTPOINT HOME, INC.
STORES DIVISION
ALLEN, TEXAS

TA-W-62,357C
WESTPOINT HOME, INC.
STORES DIVISION
BIRCH RUN, MICHIGAN

TA-W-62,357D
WESTPOINT HOME, INC.
STORES DIVISION
BIRMINGHAM, ALABAMA

TA-W-62,357E
WESTPOINT HOME, INC.
STORES DIVISION
BOAZ, ALABAMA

TA-W-62,357F
WESTPOINT HOME, INC.
STORES DIVISION
BURLINGTON, NORTH CAROLINA

TA-W-62,357G
WESTPOINT HOME, INC.
STORES DIVISION
CABAZON, CALIFORNIA

TA-W-62,357H
WESTPOINT HOME, INC.
STORES DIVISION
CLINTON, CONNECTICUT

TA-W-62,357I
WESTPOINT HOME, INC.
STORES DIVISION
COLUMBUS, GEORGIA

TA-W-62,357J
WESTPOINT HOME, INC.
STORES DIVISION
COMMERCE, GEORGIA

TA-W-62,357K
WESTPOINT HOME, INC.
STORES DIVISION
DALTON, GEORGIA

TA-W-62,357L
WESTPOINT HOME, INC.
STORES DIVISION
DAWSONVILLE, GEORGIA

TA-W-62,357M
WESTPOINT HOME, INC.
STORES DIVISION
DESTIN, FLORIDA

TA-W-62,357N
WESTPOINT HOME, INC.
STORES DIVISION
EDINBURGH, INDIANA

TA-W-62,357O
WESTPOINT HOME, INC.
STORES DIVISION
ELLENTON, FLORIDA

TA-W-62,357P
WESTPOINT HOME, INC.
STORES DIVISION
FAIRBURN, GEORGIA

TA-W-62,357Q
WESTPOINT HOME, INC.
STORES DIVISION
FOLEY, ALABAMA



TA-W-62,357R
WESTPOINT HOME, INC.
STORES DIVISION
HOWELL, MICHIGAN

TA-W-62,357S
WESTPOINT HOME, INC.
STORES DIVISION
LAMARQUE, TEXAS

TA-W-62,357T
WESTPOINT HOME, INC.
STORES DIVISION
LUMBERTON, NORTH CAROLINA

TA-W-62,357U
WESTPOINT HOME, INC.
STORES DIVISION
NEW BRAUNFELS, TEXAS

TA-W-62,357V
WESTPOINT HOME, INC.
STORES DIVISION
PARK CITY, UTAH

TA-W-62,357W
WESTPOINT HOME, INC.
STORES DIVISION
PIGEON FORGE, TENESSEE

TA-W-62,357X
WESTPOINT HOME, INC.
STORES DIVISION
SAN MARCOS, TEXAS

TA-W-62,357Y
WESTPOINT HOME, INC.
STORES DIVISION
SARASOTA, FLORIDA

TA-W-62,357Z
WESTPOINT HOME, INC.
STORES DIVISION
ST. AUGUSTINE, FLORIDA




TA-W-62,357AA
WESTPOINT HOME, INC.
STORES DIVISION
VALDOSTA, GEORGIA

TA-W-62,357BB
WESTPOINT HOME, INC.
STORES DIVISION
WILLIAMSBURG, VA

TA-W-62,357CC
WESTPOINT HOME, INC.
STORES DIVISION
WRENTHAM, MASSACHUSETTS

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated December 17, 2007, the company official
requested administrative reconsideration of the Department's
negative determination regarding eligibility to apply for Trade
Adjustment Assistance (TAA), applicable to workers and former
workers of the subject firm. The denial notice was signed on
October 29, 2007 and published in the Federal Register on
December 11, 2007 (72 FR 70346).
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 negative TAA determination issued by the Department for
workers of WestPoint Home, Inc., Stores Division, Valley, Alabama
(TA-W-62,357), WestPoint Home, Inc., Stores Division,
Albertville, Minnesota (TA-W-62,357A), WestPoint Home, Inc.,
Stores Division, Allen, Texas (TA-W-62,357B), WestPoint Home,
Inc., Stores Division, Birch Run, Michigan (TA-W-62,357C),
WestPoint Home, Inc., Stores Division, Birmingham, Alabama (TA-W-
62,357D), WestPoint Home, Inc., Stores Division, Boaz, Alabama
(TA-W-62,357E), WestPoint Home, Inc., Stores Division,
Burlington, North Carolina (TA-W-62,357F), WestPoint Home, Inc.,
Stores Division, Cabazon, California (TA-W-62,357G), WestPoint
Home, Inc., Stores Division, Clinton, Connecticut (TA-W-62,357H),
WestPoint Home, Inc., Stores Division, Columbus, Georgia (TA-W-
62,357I), WestPoint Home, Inc., Stores Division, Commerce,
Georgia (TA-W-62,357J), WestPoint Home, Inc., Stores Division,
Dalton, Georgia (TA-W-63,257K), WestPoint Home, Inc., Stores
Division, Dawsonville, Georgia (TA-W-62,357L), WestPoint Home,
Inc., Stores Division, Destin, Florida (TA-W-62,357M), WestPoint
Home, Inc., Stores Division, Edinburgh, Indiana (TA-W-62,357N),
WestPoint Home, Inc., Stores Division, Ellenton, Florida (TA-W-
62,357O), WestPoint Home, Inc., Stores Division, Fairburn,
Georgia (TA-W-62,357P), WestPoint Home, Inc., Stores Division,
Foley, Alabama (TA-W-62,357Q), WestPoint Home, Inc., Stores
Division, Howell, Michigan (TA-W-62,357R), WestPoint Home, Inc.,
Stores Division, LaMarque, Texas (TA-W-62,357S), WestPoint Home,
Inc., Stores Division, Lumberton, North Carolina (TA-W-62,357T),
WestPoint Home, Inc., Stores Division, New Braunfels, Texas (TA-
W-62,357U), WestPoint Home, Inc., Stores Division, Park City,
Utah (TA-62,357V), WestPoint Home, Inc., Stores Division, Pigeon
Forge, Tennessee (TA-W-62,357W), WestPoint Home, Inc., Stores
Division, San Marcos, Texas (TA-W-62,357X), WestPoint Home, Inc.,
Stores Division, Sarasota, Florida (TA-W-62,357Y), WestPoint
Home, Inc., Stores Division, St. Augustine, Florida (TA-W-
62,357Z), WestPoint Home, Inc., Stores Division, Valdosta,
Georgia (TA-W-62,357AA), WestPoint Home, Inc., Stores Division,
Williamsburg, Virginia (TA-W-62,357BB), and WestPoint Home, Inc.,
Stores Division, Wrentham, Massachusetts (TA-W-62,357CC) was
based on the finding that the worker group does not produce an
article within the meaning of Section 222 of the Trade Act of
1974.
The petitioner states that the workers of the subject firm
“assured the manufacturing facilities could continue operations
with consistent running of shifts avoiding expenses involved with
start up and shut down of the plants including costs incurred for
unemployment”. The petitioner further states that the subject
firm’s primary business was selling WestPoint Home’s home
fashions bed and bath products manufactured in the United States.
The petitioner alleges that because domestic manufacturing of
fashion bed and bath products has been import impacted, workers
of the subject firm who retail these products should be certified
eligible for TAA.
The investigation revealed that workers of WestPoint Home,
Inc., Stores Division are engaged in activities at retail factory
outlet stores that include stocking merchandise, customer
service, sales transactions, managerial staff, human resources
and distribution services. These functions, as described above,
are not considered production of an article within the meaning of
Section 222 of the Trade Act.
The petitioner also alleges that WestPoint Home began
operations in Bahrain and Pakistan and that multiple production
facilities of WestPoint Home have been certified eligible for
TAA.
The allegation of a shift to another country might be
relevant if it was determined that workers of the subject firm
produced an article. However, the investigation determined that
workers of WestPoint Home, Inc., Stores Division do not produce
an article within the meaning of Section 222 of the Trade Act of
1974.

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 in Washington, D.C., this 3rd day of January 2008.


/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-62,357
WESTPOINT HOME, INC.
STORES DIVISION
VALLEY, ALABAMA

TA-W-62,357A
WESTPOINT HOME, INC.
STORES DIVISION
ALBERTVILLE, MINNESOTA

TA-W-62,357B
WESTPOINT HOME, INC.
STORES DIVISION
ALLEN, TEXAS

TA-W-62,357C
WESTPOINT HOME, INC.
STORES DIVISION
BIRCH RUN, MICHIGAN

TA-W-62,357D
WESTPOINT HOME, INC.
STORES DIVISION
BIRMINGHAM, ALABAMA

TA-W-62,357E
WESTPOINT HOME, INC.
STORES DIVISION
BOAZ, ALABAMA

TA-W-62,357F
WESTPOINT HOME, INC.
STORES DIVISION
BURLINGTON, NORTH CAROLINA

TA-W-62,357G
WESTPOINT HOME, INC.
STORES DIVISION
CABAZON, CALIFORNIA

TA-W-62,357H
WESTPOINT HOME, INC.
STORES DIVISION
CLINTON, CONNECTICUT

TA-W-62,357I
WESTPOINT HOME, INC.
STORES DIVISION
COLUMBUS, GEORGIA


TA-W-62,357J
WESTPOINT HOME, INC.
STORES DIVISION
COMMERCE, GEORGIA

TA-W-62,357K
WESTPOINT HOME, INC.
STORES DIVISION
DALTON, GEORGIA

TA-W-62,357L
WESTPOINT HOME, INC.
STORES DIVISION
DAWSONVILLE, GEORGIA


TA-W-62,357M
WESTPOINT HOME, INC.
STORES DIVISION
DESTIN, FLORIDA

TA-W-62,357N
WESTPOINT HOME, INC.
STORES DIVISION
EDINBURGH, INDIANA

TA-W-62,357O
WESTPOINT HOME, INC.
STORES DIVISION
ELLENTON, FLORIDA

TA-W-62,357P
WESTPOINT HOME, INC.
STORES DIVISION
FAIRBURN, GEORGIA

TA-W-62,357Q
WESTPOINT HOME, INC.
STORES DIVISION
FOLEY, ALABAMA

TA-W-62,357R
WESTPOINT HOME, INC.
STORES DIVISION
HOWELL, MICHIGAN

TA-W-62,357S
WESTPOINT HOME, INC.
STORES DIVISION
LAMARQUE, TEXAS

TA-W-62,357T
WESTPOINT HOME, INC.
STORES DIVISION
LUMBERTON, NORTH CAROLINA

TA-W-62,357U
WESTPOINT HOME, INC.
STORES DIVISION
NEW BRAUNFELS, TEXAS

TA-W-62,357V
WESTPOINT HOME, INC.
STORES DIVISION
PARK CITY, UTAH

TA-W-62,357W
WESTPOINT HOME, INC.
STORES DIVISION
PIGEON FORGE, TENESSEE

TA-W-62,357X
WESTPOINT HOME, INC.
STORES DIVISION
SAN MARCOS, TEXAS

TA-W-62,357Y
WESTPOINT HOME, INC.
STORES DIVISION
SARASOTA, FLORIDA

TA-W-62,357Z
WESTPOINT HOME, INC.
STORES DIVISION
ST. AUGUSTINE, FLORIDA

TA-W-62,357AA
WESTPOINT HOME, INC.
STORES DIVISION
VALDOSTA, GEORGIA

TA-W-62,357BB
WESTPOINT HOME, INC.
STORES DIVISION
WILLIAMSBURG, VA

TA-W-62,357CC
WESTPOINT HOME, INC.
STORES DIVISION
WRENTHAM, MASSACHUSETTS

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 October 25, 2007 in
response to a petition filed by a company official on behalf of
workers of Westpoint Home, Inc., Stores Division, Valley, Alabama
(TA-W-62,357), Westpoint Home, Inc., Stores Division, Albertville,
Minnesota (TA-W-62,357A), Westpoint Home, Inc., Stores Division,
Allen, Texas (TA-W-62,357B), Westpoint Home, Inc., Stores Division,
Birch Run, Michigan (TA-W-62,357C), Westpoint Home, Inc., Stores
Division, Birmingham, Alabama (TA-W-62,357D), Westpoint Home, Inc.,
Stores Division, Boaz, Alabama (TA-W-62,357E), Westpoint Home,
Inc., Stores Division, Burlington, North Carolina (TA-W-62,357F),
Westpoint Home, Inc., Stores Division, Cabazon, California (TA-W-
62,357G), Westpoint Home, Inc., Stores Division, Clinton,
Connecticut (TA-W-62,357H), Westpoint Home, Inc., Stores Division,
Columbus, Georgia (TA-W-62,357I), Westpoint Home, Inc., Stores
Division, Commerce, Georgia (TA-W-62,357J), Westpoint Home, Inc.,
Stores Division, Dalton, Georgia (TA-W-63,257K), Westpoint Home,
Inc., Stores Division, Dawsonville, Georgia (TA-W-62,357L),
Westpoint Home, Inc., Stores Division, Destin, Florida (TA-W-
62,357M), Westpoint Home, Inc., Stores Division, Edinburgh, Indiana
(TA-W-62,357N), Westpoint Home, Inc., Stores Division, Ellenton,
Florida (TA-W-62,357O), Westpoint Home, Inc., Stores Division,
Fairburn, Georgia (TA-W-62,357P), Westpoint Home, Inc., Stores
Division, Foley, Alabama (TA-W-62,357Q), Westpoint Home, Inc.,
Stores Division, Howell, Michigan (TA-W-62,357R), Westpoint Home,
Inc., Stores Division, LaMarque, Texas (TA-W-62,357S), Westpoint
Home, Inc., Stores Division, Lumberton, North Carolina (TA-W-
62,357T), Westpoint Home, Inc., Stores Division, New Braunfels,
Texas (TA-W-62,357U), Westpoint Home, Inc., Stores Division, Park
City, Utah (TA-62,357V), Westpoint Home, Inc., Stores Division,
Pigeon Forge, Tennessee (TA-W-62,357W), Westpoint Home, Inc.,
Stores Division, San Marcos, Texas (TA-W-62,357X), Westpoint Home,
Inc., Stores Division, Sarasota, Florida (TA-W-62,357Y), Westpoint
Home, Inc., Stores Division, St. Augustine, Florida (TA-W-62,357Z),
Westpoint Home, Inc., Stores Division, Valdosta, Georgia (TA-W-
62,357AA), Westpoint Home, Inc., Stores Division, Williamsburg,
Virginia (TA-W-62,357BB), and Westpoint Home, Inc., Stores
Division, Wrentham, Massachusetts (TA-W-62,357CC).
Workers are engaged in activities at retail factory outlet
stores that include stocking merchandise, customer service, sales
transactions, managerial staff, human resources and distribution
service.
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 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(s) occurred within the firm or appropriate subdivision, the
workers do not support this production. Thus, the worker group
cannot 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 of the facts obtained in the
investigation, I determine that all workers of Westpoint Home,
Inc., Stores Division, Valley, Alabama (TA-W-62,357), Westpoint
Home, Inc., Stores Division, Albertville, Minnesota (TA-W-62,357A),
Westpoint Home, Inc., Stores Division, Allen, Texas (TA-W-62,357B),
Westpoint Home, Inc., Stores Division, Birch Run, Michigan (TA-W-
62,357C), Westpoint Home, Inc., Stores Division, Birmingham,
Alabama (TA-W-62,357D), Westpoint Home, Inc., Stores Division,
Boaz, Alabama (TA-W-62,357E), Westpoint Home, Inc., Stores
Division, Burlington, North Carolina (TA-W-62,357F), Westpoint
Home, Inc., Stores Division, Cabazon, California (TA-W-62,357G),
Westpoint Home, Inc., Stores Division, Clinton, Connecticut (TA-W-
62,357H), Westpoint Home, Inc., Stores Division, Columbus, Georgia
(TA-W-62,357I), Westpoint Home, Inc., Stores Division, Commerce,
Georgia (TA-W-62,357J), Westpoint Home, Inc., Stores Division,
Dalton, Georgia (TA-W-63,257K), Westpoint Home, Inc., Stores
Division, Dawsonville, Georgia (TA-W-62,357L), Westpoint Home,
Inc., Stores Division, Destin, Florida (TA-W-62,357M), Westpoint
Home, Inc., Stores Division, Edinburgh, Indiana (TA-W-62,357N),
Westpoint Home, Inc., Stores Division, Ellenton, Florida (TA-W-
62,357O), Westpoint Home, Inc., Stores Division, Fairburn, Georgia
(TA-W-62,357P), Westpoint Home, Inc., Stores Division, Foley,
Alabama (TA-W-62,357Q), Westpoint Home, Inc., Stores Division,
Howell, Michigan (TA-W-62,357R), Westpoint Home, Inc., Stores
Division, LaMarque, Texas (TA-W-62,357S), Westpoint Home, Inc.,
Stores Division, Lumberton, North Carolina (TA-W-62,357T),
Westpoint Home, Inc., Stores Division, New Braunfels, Texas (TA-W-
62,357U), Westpoint Home, Inc., Stores Division, Park City, Utah
(TA-62,357V), Westpoint Home, Inc., Stores Division, Pigeon Forge,
Tennessee (TA-W-62,357W), Westpoint Home, Inc., Stores Division,
San Marcos, Texas (TA-W-62,357X), Westpoint Home, Inc., Stores
Division, Sarasota, Florida (TA-W-62,357Y), Westpoint Home, Inc.,
Stores Division, St. Augustine, Florida (TA-W-62,357Z), Westpoint
Home, Inc., Stores Division, Valdosta, Georgia (TA-W-62,357AA),
Westpoint Home, Inc., Stores Division, Williamsburg, Virginia (TA-
W-62,357BB), and Westpoint Home, Inc., Stores Division, Wrentham,
Massachusetts (TA-W-62,357CC), 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.
Signed in Washington, D.C., this 29th day of November 2007

/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance











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