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TAA Decision 55055

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-55,055

INVISTA, S.A.R.L.
FORMERLY DOING BUSINESS AS INVISTA DUPONT
NYLON DIVISION
A SUBSIDIARY OF KOCH INDUSTRIES
INCLUDING ON-SITE LEASED WORKERS FROM 
CHATTANOOGA GENERAL SERVICES, INC. 
AND 
STRATUS, INC.
4501 NORTH ACCESS ROAD
CHATTANOOGA, TENNESSEE

	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, as 
amended (19 USC 2273), 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 June 9, 2004 in response to 
a petition filed by a company official on behalf of workers at 
Invista, S.A.R.L., formerly doing business as Invista Dupont, Nylon 
Division, a subsidiary of Koch Industries, 4501 North Access Road, 
Chattanooga, Tennessee.  The workers at the subject firm produce 
three types of nylon filament fiber; type-32, type-74 and type-95 
and are separately identifiable by type.
      The investigation revealed that the subject firm also leased 
workers from Chattanooga General Services, Inc., and Stratus, Inc., 
Chattanooga, Tennessee, to work on-site at its production facility 
at 4501 North Access Road, Chattanooga, Tennessee.
      The preponderance in the declines in employment of workers 
producing nylon filament fibers type-32, type-74 and type-95 at the 
subject firm is related to a shift in production to a country 
(Mexico) that is a 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 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 there was a shift in production of 
nylon filament fibers type-32, type-74 and type-95 from the 
workers' firm or subdivision to Mexico 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:
"Workers of Invista, S.A.R.L., formerly doing business as 
Invista Dupont, Nylon Division, a subsidiary of Koch 
Industries, including on-site leased workers from Chattanooga 
General Services, Inc., and Stratus, Inc., 4501 North Access 
Road, Chattanooga, Tennessee, engaged in employment related to 
the production of nylon filament fibers, type-32, type-74 and 
type-95, who became totally or partially separated from 
employment on or after June 7, 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 August 2004.

                              /s/ Linda G. Poole

                                    ______________________________
                                    LINDA G. POOLE
                                    Certifying Officer, Division of 
	Trade Adjustment Assistance

      

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