TAA Decision 64931
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-64,931
INVISTA S.A.R.L.
INCLUDING ON-SITE LEASED WORKERS OF
MUNDY MAINTENANCE SERVICES AND OPERATIONS LLC AND
CLEARWATER LOADERS, INC.
SEAFORD, DELAWARE
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 in response to a petition
received on January 22, 2009, and filed by a company official on
behalf of workers at INVISTA S.a.r.l., Seaford, Delaware. The
worker group also includes leased workers of Mundy Maintenance
Services and Operations LLC, and Clearwater Loaders, Inc., working
on-site at INVISTA S.a.r.l., Seaford, Delaware. The workers
produce nylon polymers, nylon filament (BCF) and nylon staple
fibers. The workers are not separately identifiable by product
line.
The decline in employment at the subject plant is related to a
shift in plant production of nylon polymers, nylon filament (BCF)
and nylon staple fibers to Canada a country (Canada) 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
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 of INVISTA S.a.r.l., including on-site leased
workers of Mundy Maintenance Services and Operations LLC and
Clearwater Loaders, Inc., Seaford, Delaware, who became
totally or partially separated from employment on or after
January 13, 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 6th day of February 2009.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance