TAA Decision 59014
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-59,014
INVISTA S.A.R.L
A WHOLLY OWNED, INDEPENDENTLY MANAGED SUBSIDIARY OF
KOCH INDUSTRIES INC.
BEAMING OPERATIONS
ATHENS, GEORGIA
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 March 14, 2006, in
response to a petition filed by a company official on behalf of
workers of INVISTA, Athens, Georgia. The investigation revealed
that the official name of the subject firm under investigation
is INVISTA, S.a`.R.L., a wholly owned, independently managed
subsidiary of Koch Industries Inc., Beaming Operations, Athens,
Georgia. The workers at the subject firm produce beamed nylon
yarn.
The investigation revealed that the preponderance in the
declines in employment at the subject firm is related to an on-
going shift in production of beamed nylon yarn, to Mexico, a
country that is party to a free trade agreement with the United
States.
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 conclude that there has been a continued shift
in production from INVISTA, S.a`.R.L., a wholly owned,
independently managed subsidiary of Koch Industries Inc.,
Beaming Operations, Athens, Georgia to Mexico of articles that
are like or directly competitive with beamed nylon yarn produced
by that firm or subdivision. 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.,
Beaming Operations, Athens, Georgia, who became totally or
partially separated from employment on or after March 10,
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 in Washington, D.C. this 24th day of March, 2006
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance