DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,065
MUNDY INDUSTRIAL CONTRACTORS
AT DUPONT CORPORATION
KINSTON PLANT
KINSTON, NORTH CAROLINA

TA-W-39,065A
MUNDY INDUSTRIAL CONTRACTORS
AT DUPONT CORPORATION
CAPE FEAR PLANT
WILMINGTON (LELAND), NORTH CAROLINA

Notice of Revised Determination
on Reconsideration

By application of August 24, 2001, the petitioner, requested
administrative reconsideration regarding the Department=s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on July 30, 2001, based on the finding that
criterion (1) of the group eligibility requirements of Section
222 of the Trade Act of 1974 was not met. Employment increased
during the relevant period. The denial notice was published in
the Federal Register on August 15, 2001 (66 FR 42878).
To support the request for reconsideration, the applicant
provided additional information explaining the trends in
employment of the contract workers engaged in activities relating
to the production of polyester fiber at the two Dupont plants.


Upon examination of the data supplied by the applicant, it
became apparent that declines in employment occurred at both
plants during the relevant period. The workers were engaged in
activities related to production of polyester fiber at the two
Dupont Corporation plants. The Dupont plants were certified
eligible to apply for Trade Adjustment Assistance under TA-W-
35,961 (expired August 23, 2001) followed by a further TAA
certification under TA-W-39,743 (which began on August 24, 2001).
Based on data supplied by Dupont Corporation in case TA-W-
39,743, it has become evident that all criteria have been met for
the workers of Mundy Industrial Contactors working at Dupont
Corporation, Kinston Plant, Kinston, North Carolina and Cape Fear
Plant, Wilmington, (Leland), North Carolina performing work
related to the production activities at these certified plants.
Plant sales, production and employment declined and customer
imports increased during the relevant period.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Dupont
Corporation's Cape Fear Plant, Wilmington (Leland), North
Carolina and Dupont Corporation's, Kinston Plant, Kinston, North
Carolina, contributed importantly to the declines in the total or
partial separation of Mundy Industrial Contactors workers, who
performed work in direct support of the production of polyester

fiber at the two Dupont plants. In accordance with the
provisions of the Act, I make the following certification:
"Workers of Mundy Industrial Contractors engaged in
employment activities related to the production of polyester
fiber at Dupont Corporation's, Kinston Plant, Kinston, North
Carolina (TA-W-39,065) and Cape Fear Plant, Wilmington
(Leland), North Carolina (TA-W-39,065A), who became totally
or partially separated from employment on or after April 5,
2000 through two years from the date of this certification,
are eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974."

Signed in Washington, D.C. this 19th day of February 2002.

/s/ Edward A. Tomchick

________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-39,065

MUNDY INDUSTRIAL CONTRACTORS
KINSTON, NORTH CAROLINA
AND

TA-W-39,065A
MUNDY INDUSTRIAL CONTRACTORS
LELAND, NORTH CAROLINA


Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) that sales or production, or both, of the firm or sub-
division have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or ap-
propriate subdivision have contributed importantly to the
separations, or threat thereof, and to the absolute
decline in sales or production.



The investigation was initiated on April 16, 2001, in response
to a petition filed on behalf of workers at Mundy Industrial
Contractors, Kinston and Leland, North Carolina. The workers are
engaged in employment related to the production of polyester fiber.
The investigation revealed that criterion (1) has not been
met.
While a large number of the employees of the subject firm have
been laid off, the total number of its employees has increased as a
result of its take-over of another firm providing similar services
at the same facilities. During the same time periods the subject
firm increased its sales and production at the Kinston and Leland
plants.
Conclusion
After careful review, I determine that all workers of Mundy
Industrial Contractors, Kinston and Leland, North Carolina, are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.

Signed in Washington, D. C. this 30th day of July 2001.


/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment
Assistance