DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,788

KELLY HOSIERY MILL INC.
HICKORY, NORTH CAROLINA

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 services used in the
production of 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 July 23, 2009 by a company official on behalf of workers
of Kelly Hosiery Mill, Inc., Hickory, North Carolina, hereafter
referred to as Kelly Hosiery. The workers are engaged in
activities related to the production of men's and women's greige
socks.
The investigation revealed that workers of Kelly Hosiery meet
the criteria as suppliers for secondary worker certification.
Criterion I has been met because a significant number of the
workers in the workers' firm have been separated during the
relevant period.
Criterion II has been satisfied because workers of Kelly
Hosiery produced and sold greige socks to be finished by firms
that employed workers who are covered by active certifications.
Criterion III has been met because the greige socks produced
by Kelly Hosiery were sold to firms whose workers are under
certification for adjustment assistance, and sales to these firms
accounted for at least 20 percent of the production or sales of
Kelly Hosiery.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kelly Hosiery Mill,
Inc., Hickory, North Carolina, 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 Kelly Hosiery Mill Inc., Hickory, North
Carolina, who became totally or partially separated from
employment on or after July 22, 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 18th day of December, 2009

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