Petitioner Type: Workers
Impact Date: 09/14/2007
Filed Date: 04/16/2008
Most Recent Update: 05/29/2008
Determination Date: 05/29/2008
Expiration Date: 08/27/2010
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,197
DAN RIVER, INC.
DANVILLE OPERATIONS
DANVILLE, VIRGINIA
Amended Notice of Revised Determination
on Reconsideration
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Notice of
Revised Determination on Reconsideration on August 27, 2008,
applicable to workers of Dan River, Inc., Danville Operations,
Danville, Virginia. The notice was published in the Federal
Register on September 8, 2008 (73 FR 52070-52071).
At the request of the State agency, the Department reviewed
the Notice of Revised Determination on Reconsideration for
workers of the subject firm. The workers are engaged in the
production of package labels and packaging material.
The review shows that all workers of Dan River, Inc.,
Danville, Virginia, were previously certified eligible to apply
for adjustment assistance under petition number TA-W-57,724,
which expired on September 13, 2007.
Therefore, in order to avoid an overlap in worker group
coverage, the Department is amending the April 14, 2007 impact
date established for TA-W-63,197 to read September 14, 2007.
The amended notice applicable to TA-W-63,197 is hereby
issued as follows:
"All workers of Dan River, Inc., Danville Operations,
Danville, Virginia, who became totally or partially
separated from employment on or after September 14, 2007
through August 27, 2010, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, and are eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D.C., this 15th day of September 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-63,197
DAN RIVER, INC.
DANVILLE OPERATIONS
DANVILLE, VIRGINIA
Notice of Revised Determination
on Reconsideration
On July 11, 2008, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
was published in the Federal Register on July 21, 2008 (73 FR
42368).
In the request for reconsideration, the petitioner provided
new information regarding production at the subject facility.
The petitioner stated that workers of the subject facility
produced various package labels and packaging materials.
The Department contacted a company official to address this
allegation. Based on information provided by the company
official, the Department determined that workers of the subject
firm were engaged in the production of package labels and
packaging material in 2007 and January through April 2008.
The investigation also revealed that the subject firm has
shifted production of package labels and packaging material to
China, Pakistan and India impacting workers at the Danville
plant. The investigation also revealed that the firm increased
imports of package labels and packaging material during the
relevant period.
In accordance with Section 246 the Trade Act of 1974
(26 USC 2813), as amended, the Department 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 group eligibility requirements
of Section 246 of the Trade Act, as amended, must be met. The
Department has determined in this case that the requirements of
Section 246 have been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to China, Pakistan and
India of articles that are like or directly competitive with
those produced by the subject firm or subdivision, and there has
been or is likely to be an increase in imports of like or
directly competitive articles. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Dan River, Inc., Danville Operations,
Danville, Virginia, who became totally or partially
separated from employment on or after April 14, 2007,
through two years from the date of this certification, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
Signed in Washington, D.C. this 27th day of August 2008.
/s/ Elliott S. Kushner
______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
- 2 -
Employment and Training Administration
TA-W-63,197
DAN RIVER, INC.
DANVILLE OPERATIONS
DANVILLE, VIRGINIA
Amended Notice of Revised Determination
on Reconsideration
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Notice of
Revised Determination on Reconsideration on August 27, 2008,
applicable to workers of Dan River, Inc., Danville Operations,
Danville, Virginia. The notice was published in the Federal
Register on September 8, 2008 (73 FR 52070-52071).
At the request of the State agency, the Department reviewed
the Notice of Revised Determination on Reconsideration for
workers of the subject firm. The workers are engaged in the
production of package labels and packaging material.
The review shows that all workers of Dan River, Inc.,
Danville, Virginia, were previously certified eligible to apply
for adjustment assistance under petition number TA-W-57,724,
which expired on September 13, 2007.
Therefore, in order to avoid an overlap in worker group
coverage, the Department is amending the April 14, 2007 impact
date established for TA-W-63,197 to read September 14, 2007.
The amended notice applicable to TA-W-63,197 is hereby
issued as follows:
"All workers of Dan River, Inc., Danville Operations,
Danville, Virginia, who became totally or partially
separated from employment on or after September 14, 2007
through August 27, 2010, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, and are eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D.C., this 15th day of September 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-63,197
DAN RIVER, INC.
DANVILLE OPERATIONS
DANVILLE, VIRGINIA
Notice of Revised Determination
on Reconsideration
On July 11, 2008, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
was published in the Federal Register on July 21, 2008 (73 FR
42368).
In the request for reconsideration, the petitioner provided
new information regarding production at the subject facility.
The petitioner stated that workers of the subject facility
produced various package labels and packaging materials.
The Department contacted a company official to address this
allegation. Based on information provided by the company
official, the Department determined that workers of the subject
firm were engaged in the production of package labels and
packaging material in 2007 and January through April 2008.
The investigation also revealed that the subject firm has
shifted production of package labels and packaging material to
China, Pakistan and India impacting workers at the Danville
plant. The investigation also revealed that the firm increased
imports of package labels and packaging material during the
relevant period.
In accordance with Section 246 the Trade Act of 1974
(26 USC 2813), as amended, the Department 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 group eligibility requirements
of Section 246 of the Trade Act, as amended, must be met. The
Department has determined in this case that the requirements of
Section 246 have been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to China, Pakistan and
India of articles that are like or directly competitive with
those produced by the subject firm or subdivision, and there has
been or is likely to be an increase in imports of like or
directly competitive articles. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Dan River, Inc., Danville Operations,
Danville, Virginia, who became totally or partially
separated from employment on or after April 14, 2007,
through two years from the date of this certification, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
Signed in Washington, D.C. this 27th day of August 2008.
/s/ Elliott S. Kushner
______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
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