DEPARTMENT OF LABOR Employment and Training Administration TA-W-58,753 INVISTA S.A.R.L A WHOLLY OWNED, INDEPENDENTLY MANAGED SUBSIDIARY OF KOCH INDUSTRIES INC. APPAREL-SPANDEX DIVISION INCLUDING ONSITE LEASED WORKERS OF MUNDY INC. 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 as a secondarily affected worker group. The investigation was initiated on January 31, 2006 in response to a petition filed on behalf of workers at Koch Industries - Invista, Waynesboro, Virginia. The investigation revealed that the official title of the subject firm is INVISTA, S.a`.R.L., a wholly owned, independently managed subsidiary of Koch Industries Inc., Apparel-Spandex Division. The workers of the subject firm produce elastomeric yarn; they are separately identifiable by function. The investigation revealed that the subject firm employed onsite leased workers of Mundy Inc. The investigation further revealed that the subject firm is a supplier of component parts to a fabric manufacturer that employed workers who received a certification of eligibility to apply for trade adjustment assistance and the loss of business with this firm contributed importantly to worker separations at the subject firm. In addition, 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 do not possess skills that are easily transferable. Competitive conditions within the industry are adverse. Conclusion After careful review of the facts obtained in the investigation, I determine that workers of INVISTA, S.a`.R.L., a wholly owned, independently managed subsidiary of Koch Industries Inc., Apparel-Spandex Division, Waynesboro, Virginia qualify as adversely affected secondary workers under Section 222 of the Trade Act of 1974, as amended. In accordance with the provisions of the Act, I make the following certification: "All workers of INVISTA, S.a`.R.L., a wholly owned, independently managed subsidiary of Koch Industries Inc., Apparel-Spandex Division, Waynesboro, Virginia, including leased workers of Mundy Inc. working onsite at INVISTA, S.a`.R.L., a wholly owned, independently managed subsidiary of Koch Industries Inc., Apparel-Spandex Division, Waynesboro, Virginia, who became totally or partially separated from employment on or after January 27, 2005, 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 at Washington, D.C., this 3rd day of March, 2006. /s/ Linda G. Poole __ LINDA G. POOLE Certifying Officer, Division of Trade Adjustment Assistance