e11vk
 
 
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 11-K
     
þ   ANNUAL REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the fiscal year ended December 31, 2010
or
     
o   TRANSITION REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the transition period from            to
Commission file number: 333-137143
Full title of the plan and the address of the plan, if different from that of the issuer named below:
Hanesbrands Inc. Salaried Retirement Savings Plan of
Puerto Rico
Name of issuer of the securities held pursuant to the plan and the address of its principal executive office:
Hanesbrands Inc.
1000 East Hanes Mill Road
Winston-Salem, North Carolina 27105
 
 

 


 

TABLE OF CONTENTS
     
    Page
Report of Independent Registered Public Accounting Firm
  2
 
   
Financial Statements
   
 
   
Statements of Net Assets Available for Benefits
  3
 
   
Statements of Changes in Net Assets Available for Benefits
  4
 
   
Notes to Financial Statements
  5
Note: Schedules required by Section 2520.103-10 of the Department of Labor’s Rules and Regulations For Reporting and Disclosure under the Employee Retirement Income Security Act of 1974 (“ERISA”) have been omitted because they are not applicable.

 


 

REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
To the Hanesbrands Inc. Employee Benefits Administrative Committee of the
Hanesbrands Inc. Salaried Retirement Savings Plan of Puerto Rico:
We have audited the accompanying statements of net assets available for benefits of the Hanesbrands Inc. Salaried Retirement Savings Plan of Puerto Rico (the “Plan”) as of December 31, 2010 and 2009, and the related statements of changes in net assets available for benefits for the years then ended. These financial statements are the responsibility of the Plan’s management. Our responsibility is to express an opinion on these financial statements based on our audits.
We conducted our audits in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. The Plan is not required to have, nor were we engaged to perform an audit of its internal control over financial reporting. Our audit included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Plan’s internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.
As discussed in Note A, the Plan adopted new accounting guidance as of January 1, 2009 relating to the accounting for loans to participants.
In our opinion, the financial statements referred to above present fairly, in all material respects, the net assets available for benefits of the Hanesbrands Inc. Salaried Retirement Savings Plan of Puerto Rico as of December 31, 2010 and 2009, and the changes in net assets available for benefits for the years then ended, in conformity with accounting principles generally accepted in the United States of America.
/s/ Grant Thornton LLP
Charlotte, North Carolina
June 9, 2011

2


 

Hanesbrands Inc. Salaried Retirement Savings Plan of Puerto Rico
Statements of Net Assets Available for Benefits
                 
    December 31,     December 31,  
    2010     2009  
Assets
               
Investment
               
Plan interest in Hanesbrands Inc. Master Investment Trust for Defined Contribution Plans at fair value
  $ 3,043,563     $ 2,818,228  
Receivables
               
Participant contribution receivable
    5,766        
Company-match contribution receivable
    8,341       10,739  
Discretionary Company contribution receivable
    39,730       48,938  
 
           
 
    53,837       59,677  
 
           
 
               
Total assets
    3,097,400       2,877,905  
 
               
Liabilities
               
Accrued expenses
    (311 )     (320 )
 
           
 
               
Net Assets Available for Benefits at Fair Value
    3,097,089       2,877,585  
 
               
Adjustment from fair value to contract value for interest in fully benefit-responsive investment contracts
    (58,439 )     (35,481 )
 
           
 
               
Net Assets Available for Benefits
  $ 3,038,650     $ 2,842,104  
 
           
The accompanying notes are an integral part of these financial statements.

3


 

Hanesbrands Inc. Salaried Retirement Savings Plan of Puerto Rico
Statements of Changes in Net Assets Available for Benefits
                 
    Year Ended     Year Ended  
    December 31,     December 31,  
    2010     2009  
Investment income
               
Plan interest in Hanesbrands Inc. Master Investment Trust for Defined Contribution Plans’ net investment income
  $ 212,961     $ 308,960  
 
               
Contributions
               
Company
    64,824       95,307  
Participants
    72,678       89,832  
 
           
Total contributions
    137,502       185,139  
 
           
 
               
Benefits paid to participants
    (152,082 )     (811,327 )
Administrative expenses
    (1,835 )     (1,158 )
 
           
 
               
Net increase (decrease)
    196,546       (318,386 )
 
               
Net assets available for benefits
               
Beginning of year
    2,842,104       3,160,490  
 
           
 
               
End of year
  $ 3,038,650     $ 2,842,104  
 
           
The accompanying notes are an integral part of these financial statements.

4


 

Hanesbrands Inc. Salaried Retirement Savings Plan of Puerto Rico
Notes to Financial Statements
December 31, 2010 and 2009
NOTE A — DESCRIPTION OF PLAN
The following brief description of the Hanesbrands Inc. Salaried Retirement Savings Plan of Puerto Rico (the “Plan”) is provided for general information purposes only. Participants should refer to the Plan document for a more complete description of the Plan’s provisions.
General
The Plan is a defined contribution plan covering eligible salaried employees of participating divisions and subsidiaries of Hanesbrands Inc. (the “Company”), located in Puerto Rico, who have attained the age of 21 and completed 90 days of credited service, as defined in the Plan document, and, prior to July 24, 2006, were not eligible to participate in the Sara Lee Corporation 401(k) Supplemental Savings Plan; bargaining unit employees are covered, however, only if the applicable collective bargaining agreement provides for their participation in the Plan. The Plan is subject to the provisions of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”).
The Plan administrator determined that a partial plan termination occurred in 2008 and 2009 due to the Company’s consolidation and globalization strategy so that any participants terminated as a result of that strategy would be entitled to be fully vested in any Company contributions in which they were not already 100% vested at the time of termination.
Grant Thornton, LLP (“Grant Thornton”) is the independent auditor for the Plan, the Hanesbrands Inc. Retirement Savings Plan and the Hanesbrands Inc. Hourly Retirement Savings Plan of Puerto Rico (collectively, the “Savings Plans”). In June 2009, Grant Thornton advised the Hanesbrands Inc. Employee Benefits Administrative Committee (the “Committee”), the administrator for the Savings Plans, that it had become aware that a non-U.S. affiliate of Grant Thornton was performing human resources recruitment services for an affiliate of the Savings Plans.
Grant Thornton concluded that the performance of these human resources recruitment services potentially violated independence rules adopted by the Securities and Exchange Commission (the “SEC”) to the extent that the positions with respect to which Grant Thornton provided recruitment services were “managerial” within the meaning of such rules. After conducting an internal review of the facts underlying these services, however, Grant Thornton concluded that a reasonable third party investor or Plan participant who was aware of the particular facts and circumstances underlying the relationship would conclude that such services did not impair Grant Thornton’s independence. Grant Thornton shared these conclusions with the Committee, which, after conducting its own analysis with the assistance of external counsel, agreed with Grant Thornton’s conclusion that Grant Thornton’s independence was not impaired. The Committee and Grant Thornton reported their conclusions to the staff of the SEC, which did not object to these conclusions.
Contributions
Eligible employees can contribute between 1% and 10% of their pre-tax compensation, as defined in the Plan document. Contributions are subject to certain limitations under the Internal Revenue Code (“IRC”) and the Puerto Rico Internal Revenue Code of 1994 (“PRIRC”). Although employees were previously permitted to make after-tax contributions, this is no longer permitted and was not permitted during the periods presented.

5


 

Hanesbrands Inc. Salaried Retirement Savings Plan of Puerto Rico
Notes to Financial Statements
December 31, 2010 and 2009 — Continued
The Company will contribute an amount equal to 100% of the portion of a participant’s pre-tax contributions that does not exceed 2% of a participant’s eligible compensation, subject to certain limitations defined in the Plan document. For the years ended December 31, 2010 and 2009, the total matching contribution by the Company was $25,094 and $46,369, respectively. The Company may also make a discretionary Company contribution in the amount of 2% of a participant’s eligible compensation. For the years ended December 31, 2010 and 2009, the total discretionary Company contribution was $39,730 and $48,938, respectively.
Participant Accounts
Individual accounts are maintained for each of the Plan’s participants to reflect Company contributions, the participant’s contributions and any rollover contributions, as well as the participant’s related share of the Plan’s income and losses and certain related administrative expenses. Allocations of income and losses are made within each separate investment fund in proportion to each participant’s investment in those funds. Allocations of certain related administrative expenses are made based on the proportion that each participant’s account balance has to the total of all participants’ account balances.
Vesting
Participants’ contributions and amounts received as Company matching and rollover contributions are 100% vested at all times. Vesting in the annual discretionary Company contributions is 100% after completing three years of service, or in the case of termination due to death, disability or normal retirement without regard to years of service.
Investment Options
Participants may direct their total account balances among the various investment options currently available through the Plan in 1% increments and may change their investment elections at any time. Prior to the second quarter of 2009, participants could direct their balances in 10% increments and were permitted to change their investment elections quarterly.
Forfeitures
If a participant terminates employment for reasons other than death, disability or normal retirement age before any amounts received as annual discretionary Company contributions are vested, the unvested amount is forfeited. Forfeited balances shall first be allocated to participants who are reemployed and are entitled to reinstatement of portions of their annual discretionary Company contribution amounts that were previously forfeited and then the remainder may be used to reduce future Company matching contributions or pay administrative expenses of the Plan.
Forfeited balances as of December 31, 2010 and 2009 were $13,893 and $10,974, respectively. For the years ended December 31, 2010 and 2009, $8,240 and $0 of forfeitures, respectively, was used to offset employer matching contributions.
Benefit Payments
Upon termination of service due to death, disability, retirement, resignation or dismissal, distribution of the vested balance in the participant’s accounts will be made to the participant or, in the case of the participant’s death, to his or her beneficiary by a lump-sum payment in cash (or stock, if elected, for amounts invested in the Hanesbrands Inc. Common Stock Fund).

6


 

Hanesbrands Inc. Salaried Retirement Savings Plan of Puerto Rico
Notes to Financial Statements
December 31, 2010 and 2009 — Continued
Withdrawals
Participants may withdraw all or a portion of their vested account balances, provided they have attained age 59-1/2; participants may also withdraw their after-tax contributions at any time. Participants who have an immediate and substantial financial need may take a hardship withdrawal from their accounts, subject to certain limitations defined in the Plan document.
New Accounting Pronouncements
     Fair Value Measurements
In January 2010, the Financial Accounting Standards Board (“FASB”) issued new accounting rules related to the disclosure requirements for fair value measurements. The new accounting rules require new disclosures regarding significant transfers between Levels 1 and 2 of the fair value hierarchy and the activity within Level 3 of the fair value hierarchy. The new accounting rules also clarify existing disclosures regarding the level of disaggregation of assets or liabilities and the valuation techniques and inputs used to measure fair value. The new accounting rules were effective for the Plan in 2010, except for the disclosures about purchases, sales, issuances and settlements in the rollforward of activity in Level 3 fair value measurements that are effective for the Plan in 2011. The adoption of the disclosures effective in 2010 did not have a material impact on the Plan’s net assets or changes in net assets. The disclosures that are effective in 2011 are not expected to have a material impact on the Plan’s net assets or changes in net assets.
     Participant Loans
In September 2010, the FASB issued new accounting rules related to the reporting of participant loans for defined contribution benefit plans. The new accounting rules require that participant loans be carried at their unpaid principal balance plus any accrued but unpaid interest. In addition, the new accounting rules require that participant loans be classified as notes receivable from participants instead of as Plan investments. The new accounting rules were effective for the Plan in 2010 and retrospective application was required. The adoption of the new rules did not have a material impact on the Plan’s net assets or changes in net assets but resulted in the reclassification of notes receivable from participants from Plan investments and interest income on notes receivable from participants from investment income as reflected in Note C.
NOTE B — SUMMARY OF ACCOUNTING POLICIES
Basis of Accounting
The accompanying financial statements have been prepared using the accrual method of accounting in accordance with accounting principles generally accepted in the United States of America (“GAAP”).
Use of Estimates
The preparation of financial statements requires the Plan’s management to make estimates and assumptions that affect the reported amounts of assets and liabilities, and changes therein, and disclosure of contingent assets and liabilities. Actual results could differ from these estimates.
Valuation of Investments
The Plan’s sole investment is an interest in the Hanesbrands Inc. Master Investment Trust for Defined Contribution Plans (the “HBI Investment Trust”). The Plan’s interest in the HBI Investment Trust is based on the Plan’s relative aggregate contributions, benefit payments and other relevant factors. Purchases and sales of securities in the HBI Investment Trust are recorded on a trade-date basis. Interest is recorded in the period earned. Dividends are recorded on the ex-dividend date.
The HBI Investment Trust’s investments consist of investments in registered investment companies, common stocks, collective trusts and a stable value fund. Investments in registered investment companies and common stocks

7


 

Hanesbrands Inc. Salaried Retirement Savings Plan of Puerto Rico
Notes to Financial Statements
December 31, 2010 and 2009 — Continued
are valued using quoted market prices. Collective trusts are valued at fair value of participant units owned by the HBI Investment Trust based on quoted redemption values.
The stable value fund is reported at fair value based on the fair value of the underlying investments. These underlying investments, which are comprised of high quality, fixed income securities held in various collective trusts that are “wrapped” by synthetic investment contracts issued by high quality financial institutions, are required to be reported at fair value. However, contract value is a relevant measurement attribute as these investment contracts are fully benefit-responsive. Contract value represents the principal balance of the underlying investment contracts, plus accrued interest at the stated contract rates, less withdrawals and administrative charges by the financial institutions. There are no material reserves against contract value for credit risk of the contract issuers or otherwise. Under the terms of the contracts, the crediting interest rates are rates negotiated by the Company with the financial institutions. The average crediting interest rate of the investment contracts as of December 31, 2010 and 2009 was approximately 4.05% and 4.25%, respectively. The average yield for the investment contracts for the years ended December 31, 2010 and 2009 was approximately 4.26% and 3.21%, respectively. Certain events, which we refer to as “market value events,” may limit the ability of the stable value fund to realize the contract value of investment contracts and may therefore result in payments to participants that reflect fair value rather than contract value. Such events include, but are not limited to, certain amendments to the Plan documents or the stable value fund’s investment guidelines not approved by issuers of investment contracts, failure to comply with certain contract provisions, complete or partial Plan termination or merger with another plan, suspension or substantial reduction of Plan sponsor contributions to the Plan, debt default by the Plan sponsor, bankruptcy of the Plan sponsor or other Plan sponsor events that could cause substantial withdrawals from the Plan or the stable value fund, failure of the trust which holds the assets of the Plan to qualify for exemption from federal income taxes, and the occurrence of certain prohibited transactions under ERISA. The Plan administrator does not believe that any events that have occurred to date constitute market value events. The Plan may terminate its investment in the stable value fund upon election and sixty days’ notice. The Statements of Net Assets Available for Benefits present the fair value of the stable value fund as well as the adjustment of the fully benefit-responsive investment contracts from fair value to contract value. The Statements of Changes in Net Assets Available for Benefits present the contract value of the investment contracts.
In general, the investments provided by the Plan are exposed to various risks, such as interest rate, credit and overall market volatility risks. Due to the level of risk associated with certain investments, it is reasonably possible that changes in the values of investments will occur in the near term and that such changes could materially affect the amounts reported in the Statements of Net Assets Available for Benefits and participants’ individual account balances.
Administrative Expenses
Costs of administering the Plan for the years ended December 31, 2010 and 2009 were paid by the Company, except for certain investment management fees which were paid directly by the HBI Investment Trust or offset against the HBI Investment Trust’s investment returns.
NOTE C — PLAN INTEREST IN HBI INVESTMENT TRUST
The Plan’s investments are in the HBI Investment Trust which provides for the investment of assets of the Plan and the other Savings Plans.
As part of an effort to provide employees with valuable retirement tools and service and achieve cost savings by consolidating administrative services with a single vendor, the Company replaced the recordkeeper of the Hanesbrands Inc. Retirement Savings Plan with ING effective January 1, 2008. In connection with that change, the Hanesbrands Inc. Retirement Savings Plan’s assets were transferred from the HBI Investment Trust to a newly established single-plan trust with State Street Bank and Trust Company (“State Street”) as the trustee. The assets of the Plan and the Hanesbrands Inc. Hourly Retirement Savings Plan of Puerto Rico remained in the HBI Investment Trust at that time with The Northern Trust Company (“Northern Trust”) continuing to serve as trustee.
Effective February 2, 2009, the Company continued this consolidation process by replacing the recordkeeper of the Plan and the Hanesbrands Inc. Hourly Retirement Savings Plan of Puerto Rico with ING. In connection with that

8


 

Hanesbrands Inc. Salaried Retirement Savings Plan of Puerto Rico
Notes to Financial Statements
December 31, 2010 and 2009 — Continued
change, the single-plan trust holding the assets of the Hanesbrands Inc. Retirement Savings Plan and the HBI Investment Trust were consolidated into the HBI Investment Trust, and State Street became the trustee of this master trust, which holds the assets of the Plan and the other Savings Plans.
The interest of each Savings Plan in the HBI Investment Trust is based on that Savings Plan’s participants’ account balances within each investment fund.
At each of December 31, 2010 and 2009, the Plan’s interest in the net assets of the HBI Investment Trust was approximately 0.59%. Investment income relating to the HBI Investment Trust is allocated to the Savings Plans based on the balances invested by each Savings Plan.
The Plan’s interest in the net assets of the HBI Investment Trust is included in the accompanying Statements of Net Assets Available for Benefits.
A summary of the net assets of the HBI Investment Trust is as follows:
                 
    December 31,     December 31,  
    2010     2009  
Investments, at fair value
               
Common stocks
  $ 22,744,100     $ 22,662,942  
Investment in collective trusts
    6,038,054       3,886,208  
Investment in registered investment companies
    280,726,527       243,053,184  
Stable value fund
    198,665,853       199,986,470  
 
           
 
               
Total investments
    508,174,534       469,588,804  
 
               
Notes receivable from participants
    8,422,492       9,013,349  
 
               
Receivables
    743,859       782,709  
 
           
 
               
Net assets of HBI Investment Trust at fair value
    517,340,885       479,384,862  
 
               
Adjustment from fair value to contract value for interest in fully benefit-responsive investment contracts
    (9,933,423 )     (6,035,313 )
 
           
 
               
Net assets of HBI Investment Trust
  $ 507,407,462     $ 473,349,549  
 
           
 
The aggregate net investment income allocated to the Savings Plans from the HBI Investment Trust for the years ended December 31, 2010 and 2009 is as follows:
 
    2010     2009  
Interest and dividend income
  $ 14,015,471     $ 12,392,397  
Net appreciation in fair value of investments
               
Common stocks
    1,381,019       16,381,942  
Investment in registered investment companies
    31,726,424       49,808,308  
 
           
 
               
Net investment income
  $ 47,122,914     $ 78,582,647  
 
           
The HBI Investment Trust received interest income from notes receivable from participants of $729,931 and $1,063,255 for the years ended December 31, 2010 and 2009, respectively.

9


 

Hanesbrands Inc. Salaried Retirement Savings Plan of Puerto Rico
Notes to Financial Statements
December 31, 2010 and 2009 — Continued
NOTE D — PLAN TERMINATION
Although it has not expressed any intent to do so, the Company has the right under the Plan to discontinue its contributions at any time and to terminate the Plan subject to the provisions of ERISA. In the event of Plan termination, affected participants will become entitled to be fully vested in their accounts. As described in Note A, partial plan terminations have occurred in the Plan as a result of which certain participants became entitled to be 100% vested in their accounts.
NOTE E — FAIR VALUE MEASUREMENTS
Fair value is an exit price, representing the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. The HBI Investment Trust utilizes market data or assumptions that market participants would use in pricing the asset or liability. A three-tier fair value hierarchy, which prioritizes the inputs used in measuring fair value, is utilized for disclosing the fair value of the assets and liabilities of the HBI Investment Trust. These tiers include: Level 1, defined as observable inputs such as quoted prices in active markets; Level 2, defined as inputs other than quoted prices in active markets that are either directly or indirectly observable; and Level 3, defined as unobservable inputs about which little or no market data exists, therefore requiring an entity to develop its own assumptions.
Assets and liabilities measured at fair value are based on one or more of the following three valuation techniques:
    Market approach — prices and other relevant information generated by market transactions involving identical or comparable assets or liabilities.
 
    Cost approach — amount that would be required to replace the service capacity of an asset or replacement cost.
 
    Income approach — techniques to convert future amounts to a single present amount based on market expectations, including present value techniques, option-pricing and other models.
The HBI Investment Trust primarily applies the market approach for its investment assets and attempts to utilize valuation techniques that maximize the use of observable inputs and minimize the use of unobservable inputs. As of December 31, 2010 and 2009, the HBI Investment Trust held certain financial assets that are required to be measured at fair value on a recurring basis. These consisted of common stocks, collective trusts, registered investment companies and a stable value fund. The fair values of common stocks and registered investment companies are determined based on quoted prices in public markets and are categorized as Level 1.
The underlying investment portfolio of the stable value fund is comprised of high quality, fixed income securities that are held in various collective trusts valued at net asset values which approximate fair value and are categorized as Level 2. Collective trusts are investment securities valued at net asset values which approximate fair value and are categorized as Level 2. The inputs used in valuing both the stable value fund and the collective trusts include quoted prices for similar assets or liabilities in active markets, quoted prices for identical or similar assets or liabilities in markets that are not active, inputs other than quoted prices that are observable for the assets or liabilities and inputs that are derived principally from or corroborated by observable market data. Participant transactions (issuances and redemptions) may occur daily.
The HBI Investment Trust did not hold any investments whose value was determined based on unobservable inputs and categorized as Level 3 at December 31, 2010 and 2009. There were no transfers in or out of Level 3 during the years ended December 31, 2010 and 2009. There were no changes during the years ended December 31, 2010 and 2009 to the valuation techniques used to measure asset fair values on a recurring basis.
The following table sets forth by level within the fair value hierarchy the HBI Investment Trust’s investment assets accounted for at fair value on a recurring basis at December 31, 2010 and 2009, respectively. As required by the accounting rules, assets and liabilities are classified in their entirety based on the lowest level of input that is significant to the fair value measurement. The assessment of the significance of a particular input to the fair value

10


 

Hanesbrands Inc. Salaried Retirement Savings Plan of Puerto Rico
Notes to Financial Statements
December 31, 2010 and 2009 — Continued
measurement requires judgment, and may affect the valuation of fair value assets and liabilities and their placement within the fair value hierarchy levels.
                                 
    Investment Assets at Fair Value as of December 31, 2010  
    Level 1     Level 2     Level 3     Total  
Hanesbrands common stock
  $ 22,744,100     $     $     $ 22,744,100  
Short-term investment fund collective trusts
          6,038,054             6,038,054  
Registered investment companies:
                               
U.S. bond index funds
    20,403,165                   20,403,165  
U.S. equity index funds
    165,830,942                   165,830,942  
Foreign equity index funds
    26,887,949                   26,887,949  
Target retirement date funds
    67,604,471                   67,604,471  
 
                       
Total registered investment companies
    280,726,527                   280,726,527  
 
                       
Stable value fund
          198,665,853             198,665,853  
 
                       
Total investment assets at fair value
  $ 303,470,627     $ 204,703,907     $     $ 508,174,534  
 
                       
                                 
    Investment Assets at Fair Value as of December 31, 2009  
    Level 1     Level 2     Level 3     Total  
Hanesbrands common stock
  $ 22,662,942     $     $     $ 22,662,942  
Short-term investment fund collective trusts
          3,886,208             3,886,208  
Registered investment companies:
                               
U.S. bond index funds
    19,586,389                   19,586,389  
U.S. equity index funds
    141,664,162                   141,664,162  
Foreign equity index funds
    25,769,283                   25,769,283  
Target retirement date funds
    56,033,350                   56,033,350  
 
                       
Total registered investment companies
    243,053,184                   243,053,184  
 
                       
Stable value fund
          199,986,470             199,986,470  
 
                       
Total investment assets at fair value
  $ 265,716,126     $ 203,872,678     $     $ 469,588,804  
 
                       
NOTE F — TAX STATUS
By letter dated December 2, 2008, the Internal Revenue Service determined that the Plan, which was formerly known as the Sara Lee Corporation Personal Products Retirement Savings Plan of Puerto Rico, as amended, and trust met the qualification requirements set forth in Sections 401(a) and 501(a) of the IRC. The Plan has been subsequently amended since the determination, but the Plan’s management believes the Plan remains in compliance with the applicable requirements of the IRC.
GAAP requires the Plan’s management to evaluate tax positions taken by the Plan and to recognize a tax liability (or asset) if the Plan has taken an uncertain position that more likely than not would not be sustained upon examination by the Internal Revenue Service. The Plan’s management has analyzed the tax positions taken by the Plan, and has concluded that as of December 31, 2010, there are no uncertain positions taken or expected to be taken that would require recognition of a liability (or asset) or disclosure in the financial statements. The Plan is subject to routine audits by taxing jurisdictions and is currently undergoing a random audit by the Internal Revenue Service for the 2008 tax period. The Plan’s management believes the Plan is no longer subject to income tax examinations for years prior to 2008.

11


 

Hanesbrands Inc. Salaried Retirement Savings Plan of Puerto Rico
Notes to Financial Statements
December 31, 2010 and 2009 — Continued
NOTE G — PARTY-IN-INTEREST TRANSACTIONS
Certain assets of the HBI Investment Trust were invested in investments managed by State Street or Northern Trust at the time such party served as trustee of the HBI Investment Trust; therefore, these transactions qualify as party-in-interest transactions. Certain assets of the HBI Investment Trust were invested in investments managed by ING at the time ING served as recordkeeper of the HBI Investment Trust; therefore, these transactions qualify as party-in-interest transactions. Fees paid by the Plan during 2010 and 2009 for legal, accounting, and other professional services rendered by parties in interest were based on customary and reasonable rates for such services.
Approximately 4.5% and 4.8% of the HBI Investment Trust’s assets as of December 31, 2010 and 2009, respectively, were invested in Hanesbrands common stock, in each case through participant-directed account balances. At December 31, 2010 and 2009, the HBI Investment Trust held 895,437 and 939,981 shares, respectively, of Hanesbrands common stock that had a fair value of $22,744,100 and $22,662,942, respectively.
NOTE H — RECONCILIATION OF FINANCIAL STATEMENTS TO FORM 5500
The following is a reconciliation of net assets available for benefits per the financial statements at December 31, 2010 and 2009 to the Form 5500:
                 
    2010     2009  
Net assets available for benefits per the financial statements
  $ 3,038,650     $ 2,842,104  
Adjustment from contract value to fair value for fully benefit-responsive investment contracts
    58,439       35,481  
Amounts allocated to withdrawing participants
    (908 )      
 
           
Net assets available for benefits per the Form 5500
  $ 3,096,181     $ 2,877,585  
 
           
The following is a reconciliation of investment income according to the financial statements for the year ended December 31, 2010 to the Form 5500:
         
Investment income per the financial statements
  $ 212,961  
Adjustment from contract value to fair value for fully benefit-responsive investment contracts
    22,958  
 
     
Investment income per the Form 5500
  $ 235,919  
 
     
The following is a reconciliation of benefits paid to participants according to the financial statements for the year ended December 31, 2010 to the Form 5500:
         
Benefits paid to participants per the financial statements
  $ 152,082  
Amounts allocated to withdrawing participants at
       
December 31, 2010
    908  
December 31, 2009
     
 
     
Benefits paid to participants per the Form 5500
  $ 152,990  
 
     
Amounts allocated to withdrawing participants are recorded on the Form 5500 for benefit claims that have been processed and approved for payment prior to December 31, but not yet paid as of that date.

12


 

SIGNATURES
     The Plan. Pursuant to the requirements of the Securities Exchange Act of 1934, the trustees (or other persons who administer the employee benefit plan) have duly caused this annual report to be signed on its behalf by the undersigned hereunto duly authorized.
         
Date: June 9, 2011  HANESBRANDS INC. SALARIED RETIREMENT
SAVINGS PLAN OF PUERTO RICO
 
 
  By:   /s/ Richard D. Moss  
    Richard D. Moss  
    Authorized Member of the Hanesbrands Inc.
Employee Benefits Administrative Committee 
 


 

INDEX TO EXHIBITS
     
Exhibit    
Number   Description
23.1
  Consent of Grant Thornton LLP