DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,695

HANESBRANDS, INC.
GALAX, VIRGINIA

Notice of Negative Determination
on Reconsideration

On May 4, 2010, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of Parkdale Mills (formerly Hanesbrands,
Inc.), Galax, Virginia. The Department’s Notice was published in
the Federal Register on May 20, 2010 (75 FR 28295).
The initial investigation resulted in a negative determination
based on the finding that Parkdale Mills (formerly Hanesbrands,
Inc.), Galax, Virginia did not totally or partially separate, or
threaten to separate, a significant number or proportion of workers
as required by Section 222 of the Trade Act of 1974, as amended.
In the request for reconsideration, the petitioners alleged
that an adequate employment decline had occurred and provided
additional information in support of the allegation.
During the reconsideration investigation, the Department of
Labor requested Hanesbrands, Inc. to submit a new Confidential Data
Request form as well as written and verbal clarification of
previously-submitted information and additional written
information.
During the reconsideration investigation, the Department
confirmed that the facility at issue was sold by Hanesbrands, Inc.
to Parkdale Mills of Gastonia, North Carolina on October 28, 2009
and that yarn production increased in 2008 from 2007 levels but
decreased during January through September 2009 compared to January
through September 2008 levels.
The petitioners state that separations at the Galax, Virginia
facility occurred on October 23, 2009 and October 24, 2009, and
asserts that worker separations occurred because the “Plant was
sold – reduction in force.”
Based on previously-submitted information and new information
obtained during the reconsideration investigation, the Department
determines that the subject workers are workers separated from
Hanesbrands, Inc., Galax, Virginia and not workers separated from
Parkdale Mills, Galax, Virginia. A careful review of the new
information revealed that a significant proportion or number of
workers at Hanesbrands, Inc., Galax, Virginia was totally or
partially separated, or threatened with such separation, prior to
October 28, 2009.
During the reconsideration investigation, the Department
confirmed that Hanesbrands, Inc., Galax, Virginia was an export-
only facility that produced yarn exclusively for use in foreign
countries and that Hanesbrands, Inc. did not shift to or acquire
from a foreign country articles like or directly competitive with
the yarn produced at the Galax, Virginia facility.
The reconsideration investigation also revealed that
Hanesbrands, Inc. did not increase its imports of either articles
like or directly competitive with the yarn produced at the Galax,
Virginia facility or the apparel made from fabric woven from the
yarn formerly produced at the Galax, Virginia facility.
Based on the information obtained during the initial and
reconsideration investigations, the Department determines that the
criteria set forth in Section 222(a) have not been met.
Since the yarn produced by the subject worker group was
exported to be used in foreign facilities and worker groups located
outside the United States and U.S. Territories cannot be eligible
to apply for Trade Adjustment Assistance, the Department determines
that the adversely affected secondary workers criteria set forth in
Section 222(c) have not been met.
Conclusion
After careful reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of
Hanesbrands, Inc., Galax, Virginia.
Signed in Washington, D.C. this 31st day of August, 2010
/s/ Del Min Amy Chen
_____________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,695

PARKDALE MILLS (FORMERLY HANESBRANDS, INC.)
GALAX, VIRGINIA

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (c) or
(f) of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f). For
the Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm must
have become totally or partially separated or be threatened
with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the component
part produced by the workers’ firm was directly
incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers’ firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers’
firm was directly incorporated have increased.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or supply
of services like or directly competitive with those
produced/supplied by the workers’ firm; OR
(i)(II) there has been an acquisition from a foreign country
by the workers’ firm of articles/services that are like
or directly competitive with those produced/supplied by
the workers’ firm.

III. The third criterion requires that the increase in imports or
shift/acquisition must have contributed importantly to the
workers’ separation or threat of separation. See Sections
222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act, 19 U.S.C.
§§ 2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms “Supplier” and “Downstream Producer.” For the Department to
issue a secondary worker certification under Section 222(c) of the
Act, 19 U.S.C. § 2272(c), to workers of a Supplier or a Downstream
Producer, the following criteria must be met:
(1) 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;

(2) 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

(3) 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.

Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in a category of determination that is listed in
Section 222(f) of the Act, 19 U.S.C. § 2272(f).
The group eligibility requirements for workers of a firm under
Section 222(f) of the Act, 19 U.S.C. § 2272(f), can be satisfied if
the following criteria are met:
(1) the workers’ firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on October 28, 2009 by three workers on behalf of workers of
Parkdale Mills (formerly Hanesbrands, Inc.), Galax, Virginia.
The workers produce cotton and cotton/polyester yarn.
The investigation included the gathering of information from
company officials.
With respect to Section 222(a) of the Act, the investigation
revealed that the subject firm did not separate or threaten to
separate a significant number or proportion of workers as required
by Section 222 of the Trade Act of 1974. Significant number or
proportion of the workers in a firm or appropriate subdivision
means at least three workers in a workforce of fewer than 50
workers, five percent of the workers in a workforce of over 50
workers, or at least 50 workers.
With respect to Section 222(c) of the Act, the investigation
revealed that Criterion (1) has not been met because fewer than 5
percent of the workers were separated and the firm does not plan
any future separations.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the workers’ firm has not been identified in an affirmative
finding of injury by the ITC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Parkdale Mills,
formerly Hanesbrands, Inc., Galax, Virginia who produce cotton
and cotton/polyester yarn are denied eligibility to apply for
adjustment assistance under Section 223 of the Act, 19 U.S.C. §
2273.
Signed in Washington, D.C., this 11th day of January, 2010

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance



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