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