DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,977

TOP NOTCH, INC.
FORT PAYNE, ALABAMA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a firm
under Section 222(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or in the supply
of services, as the case may be, that were the basis for a
certification of eligibility under subsection (a) [of Section
222 of the Act] of a group of workers employed by such other
firm."
The investigation was initiated in response to a petition
filed on June 2, 2009 by a company official on behalf of
workers of Top Notch, Fort Payne, Alabama. The workers produce
socks.
The investigation revealed that workers of the Fort Payne,
Alabama facility who are engaged in employment related to
production of socks meet the criteria for certification.
Criterion I has been met because a significant portion of
workers have been separated.
Criterion II has been satisfied because workers of the
Fort Payne, Alabama facility produced and sold unfinished
socks to Baker Hosiery, Inc., Fort Payne, Alabama to be
further processed into socks. Workers of Baker Hosiery, Inc.,
Fort Payne, Alabama are covered by certification number TA-W-
64,935 issued based on increased U.S. aggregate imports of
socks
Criterion III has been met because the loss of business
by Top Notch, Fort Payne, Alabama with respect to component
socks sold to Baker Hosiery, Inc. contributed importantly to
worker separations at Top Notch, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Top Notch, Inc., Fort
Payne, Alabama, who are engaged in employment related to the
production of socks meet the worker group certification criteria
under Section 222(a) of the Act, 19 U.S.C. § 2272(a). In
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make
the following certification:


"All workers of Top Notch, Inc., Fort Payne, Alabama, who
became totally or partially separated from employment on or
after June 2, 2008, through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on the date of
certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 24th day of June, 2009


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