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TAA Decision 64944


Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.

	DEPARTMENT OF LABOR

	Employment and Training Administration
	
TA-W-64,944

INVISTA S.A.R.L.
INCLUDING ON-SITE LEASED WORKERS OF 
MUNDY MAINTENANCE SERVICES AND OPERATIONS,LLC 
WAYNESBORO, VIRGINIA

	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 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 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)(B) of Section 222 have been met.
      The investigation was initiated on January 22, 2009 in 
response to a petition filed by an official of United Workers, 
Inc., IBDW local 381, on behalf of the workers at INVISTA 
S.a.r.l., Waynesboro, Virginia. The worker group includes on-site 
leased workers of Mundy Maintenance, Services and Operations, 
LLC.  Workers produced Bulked Continuous Filament (BCF) nylon 
yarns.  Workers are not separately identifiable by specific 
product.
      The investigation revealed that a significant portion of 
workers at the subject firm are threatened with separation.
      The subject firm is shifting production of Bulked Continuous 
Filament (BCF) nylon yarns to Canada, a country that is party to 
a free trade agreement with the United States.
	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 subject facilities 
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 there was a shift in production 
from the workers' firm or subdivision to Canada of articles that 
are like or directly competitive with those produced by the 
subject firm or subdivision. In accordance with the provisions of 
the Act, I make the following certification:
	"All workers INVISTA S.a.r.l., including on-site leased 
workers of Mundy Maintenance, Services and Operations, LLC, 
Waynesboro, Virginia, who became totally or partially separated 
from employment on or after January 20, 2008 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 19th day of February 2009

							
							 /s/Richard Church
                                 
RICHARD CHURCH  
Certifying Officer, Division of 
Trade Adjustment Assistance







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