DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,647

DUPONT COMPANY
LYCRA – TERATHANE DIVISION
NIAGARA FALLS, NEW YORK

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 eligibility 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
subdivision have decreased absolutely; and

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

The investigation was initiated on June 17, 2002 in
response to a petition filed on behalf of workers at the DuPont
Company, Lycra – Terathane Division, Niagara Falls, New York.
The workers are engaged in employment related to the production
of terathane.
The investigation revealed that criterion (3) has not been
met.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of terathane. This survey
revealed no increases in imports of terathane during the period
under investigation.
The investigation further revealed that the company did not
import terathane during the relevant period.
A petition for eligibility for NAFTA-Transitional
Adjustment Assistance has been filed on behalf of workers at the
subject firm (NAFTA-6247)
Conclusion
After careful review, I determine that all workers of
DuPont Company, Lycra – Terathane Division, Niagara Falls, New
York are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.


Signed in Washington, D. C. this 28th day of August, 2002

/s/ Elliott S. Kushner

_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance