DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,157

BEN MAR HOSIERY, INC.
FORT PAYNE, ALABAMA

Certification 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 its investigation regarding certification of eligibility to apply
for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment Assistance,
the group eligibility requirements in either paragraph (a)(2)(A) or
(a)(2)(B) of Section 222 of the Trade Act must be met. It is
determined in this case that the requirements of (a)(2)(A) of Section
222 have been met.
The investigation was initiated on October 10, 2008, in response
to a petition filed on behalf of workers of Ben Mar Hosiery, Inc.,
Fort Payne, Alabama. The workers produce socks.
The investigation revealed that employment at the subject
facility declined in January through September 2008 compared with the
same period in 2007. Sales at the subject facility declined in 2007
compared with 2006, and continued to decline in January through
September 2008.
United States aggregate imports of socks were very high relative
to U.S. production in 2007 and increased both absolutely and relative
to U.S. production in January through June 2008 compared with the same
period in 2007.
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 group eligibility requirements
of Section 246 of the Trade Act 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 increases of imports of articles like or directly
competitive with socks produced at Ben Mar Hosiery, Inc., Fort Payne,
Alabama contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm or
subdivision. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Ben Mar Hosiery, Inc., Fort Payne, Alabama who
became totally or partially separated from employment on or
after September 30, 2007 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 22nd day of October, 2008


/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance