Petitioner Type: Company
Impact Date: 11/05/2003
Filed Date: 11/15/2004
Most Recent Update: 12/20/2004
Determination Date: 12/20/2004
Expiration Date: 12/20/2006
January 5, 2004
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,986
INVISTA S.A.R.L.
DACRON INDUSTRIAL YARN DIVISION
A SUBSIDIARY OF KOCH INDUSTRIES
FORMERLY KNOWN AS E.I. DUPONT DE NEMOURS & COMPANY, INC.
INVISTA, INC., OR UNIFI
INCLUDING ON-SITE LEASED WORKERS OF MUNDY COMPANIES
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 15, 2004, in
response to a petition filed by a company official on behalf of
workers of Invista S.A.R.L., Kinston, North Carolina. The
workers are engaged in the production of light denier dacron
industrial polyester sewing thread.
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., or Unifi.
The subject firm also leased some of its on-site workers
from Mundy Companies.
The investigation also revealed that sales and employment
declined from 2002 to 2003. Sales and employment also declined
from January through October 2004 over the corresponding 2003
period.
The Department of Labor surveyed the subject firm’s
customers regarding their purchases of light denier dacron
industrial polyester sewing thread. The survey revealed
customers increased reliance on foreign purchases from January
through October 2004.
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 determine that increases of imports of articles
like or directly competitive with the production of light denier
Dacron industrial polyester sewing thread produced by Invista
S.A.R.L., Kinston, North Carolina, contributed importantly to
the total or partial separation of workers and to the decline in
sales or production by 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
light denier dacron polyester sewing thread at Invista
S.A.R.L., Dacron Industrial Yarn Division, a subsidiary of
Koch Industries, formerly known as E.I. DuPont De Nemours &
Company, Inc., Invista, Inc., or Unifi, including on-site
leased workers from Mundy Companies, Kinston, North
Carolina, who became totally or partially separated from
employment on or after November 5, 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 20th day of December 2004.
/s/ Linda G. Poole_______
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance