Petitioner Type: Company
Impact Date: 11/03/2003
Filed Date: 11/10/2004
Most Recent Update: 12/09/2004
Determination Date: 12/09/2004
Expiration Date: 12/09/2006
January 5, 2004
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,977
UNIFI-KINSTON, LLC
A SUBSIDIARY OF KOCH INDUSTRIES
FORMERLY KNOWN AS E.I. DUPONT DE NEMOURS & COMPANY, INC.
INVISTA, INC., INVISTA, S.A.R.L., OR UNIFI
INCLUDING ON-SITE LEASED WORKERS OF
MUNDY COMPANIES
AND
STANDARD CORPORATION
KINSTON, NORTH CAROLINA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its 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 Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on November 10, 2004, in
response to a petition filed by a company official on behalf of
workers at Unifi-Kinston, LLC, Kinston, North Carolina. The
workers produced POY yarn filament (dacron).
The investigation revealed that the subject firm is a
subsidiary of Koch Industries. Prior to May 2004, the facility was
owned by E.I. Dupont De Nemours & Company, Inc. Over the past year
some of the workers wages at the subject firm may have been
reported to the Unemployment Insurance (UI) account for E.I. DuPont
De Nemours & Company, Inc., Invista, Inc., Invista, S.A.R.L., or
Unifi.
The subject firm also leased some of its on-site workers from
Mundy Companies and Standard Corporation.
The investigation revealed that employment at the subject firm
declined in 2003 from 2002 and January through October, 2004,
compared with the corresponding 2003 period.
The Department of Labor surveyed the major customers of the
subject firm regarding their purchases of POY yarn filament
(dacron) in the above periods. Respondents to the survey reported
increasing their reliance on imports during the relevant period.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for alternative trade adjustment assistance (ATAA) for
older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of POY yarn
filament (dacron) produced by Unifi-Kinston, LLC, Kinston, North
Carolina, contributed importantly to the total or partial
separation of workers and to the decline in sales or production at
that firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"Workers engaged in employment related to the production of
POY yarn filament (dacron) at Unifi-Kinston, LLC, a Subsidiary
Of Koch Industries, formerly known as E.I. DuPont De Nemours &
Company, Inc., Invista, Inc., Invista, S.A.R.L., or Unifi,
including on-site leased workers of Mundy Companies and
Standard Corporation, Kinston, North Carolina, who became
totally or partially separated from employment on or after
November 3, 2003, through two years from the date of
certification, are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.”
Signed in Washington, D.C., this 9th day of December, 2004.
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance