DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,666

KELLY HOSIERY, INCORPORATED
FORT PAYNE, ALABAMA

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 July 10, 2008 in response
to a petition filed by a company official on behalf of workers of
Kelly Hosiery, Incorporated, and Fort Payne, Alabama. The workers
at the subject firm provide administrative support such as
processing invoices and other paper work for their manufacturing
plant located in Honduras.
Kelly Hosiery, Incorporated, Fort Payne, Alabama, does not
produce an article within the meaning of Section 222(a)(2) of the
Act. 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 and there must be a relationship between
the workers' work and the article produced by the workers' firm or
appropriate subdivision.
The workers described above do not support a firm or
appropriate subdivision that produces an article domestically and
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 Kelly Hosiery,
Incorporated, Fort Payne, Alabama, 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 7th day of August 2008.


/s/ Linda G. Poole

_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance