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TAA Decision 96916

Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.

        UNITED STATES DEPARTMENT OF LABOR 
Employment and Training Administration 
TA-W-96,916 
DAK AMERICAS LLC 

MONCKS CORNER, SOUTH CAROLINA 
Certification Regarding Eligibility 
To Apply for Trade Adjustment Assistance for Workers 

In accordance with Section 223 of the Trade Act of 1974, as amended ("the Act"), 19 U.S.C. 
§ 2273, the Department of Labor ("Department") herein presents the results of an investigation 
regarding certification of eligibility to apply for Trade Adjustment Assistance ("TAA") for workers. 

The investigation was initiated in response to a TAA petition dated May 26, 2021 and filed 
on May 27, 2021 by a State Workforce Office, on behalf of workers and former workers of DAK 
Americas LLC, Moncks Corner, South Carolina (hereafter referred to as the "worker group"). In 
accordance with 20 C.F.R. 618.110 a worker group is defined as, ""¦inclusive of teleworkers and 
staffed workers." 

The worker group is engaged in activities related to the production of polyester staple fiber 
and are not separately identifiable by product. 

The petition alleged that worker separations, or threats thereof, increased imports of 
polyester staple fiber from various countries. 

During the course of the investigation, the Department collected information from the 
petitioner(s), the workers' firm, and other relevant sources. 

The group eligibility requirements for workers of a firm under Section 222(a) of the Act, 
19 U.S.C. § 2272(a), are satisfied if the following criteria are met: 

Employment Criterion 

(1) A significant number or proportion of the workers in such workers' firm have become 
totally or partially separated, or are threatened to become totally or partially separated. 
20 C.F.R. 618.225(a)(2)(i)(B) states that an "analysis of separation data must generally 
consist of a: "(1) Comparison of employment on the petition date to employment on the date that is 
1 year prior to the petition date; (2) Review of employment activity during the 1-year period prior 
to the petition date; and (3) Review of evidence provided by the workers' firm regarding actual 
and threatened separations that occur, or are scheduled to occur, after the petition date." 

The Department determines that the employment criterion has been met. 

Decreased Sales or Production Criterion 

(2)(A)(i) The sales or production, or both, of such firm have decreased absolutely; 

According to 20 C.F.R. 618.225(a)(2)(ii)(B), "Analysis of sales or production data must 
generally consist of a comparison of sales or production data on the petition date to sales or 
production data on the date that is 1 year prior to the petition date." 

The Department determines that the decreased sales or production criterion has been met. 

Increased Imports Criterion 

(2)(A)(ii)(I) Imports of articles or services like or directly competitive with articles 
produced or services supplied by such firm have increased. 

20 C.F.R. 618.110 defines increased imports to mean "that imports have increased either 
absolutely or relative to domestic production compared to a representative base period. The 
representative base period will be 1 year consisting of the 4 quarters immediately preceding the 
date that is 12 months prior to the date of the petition." 

The Department determines that the increased imports criterion has been met. 

Contributed Importantly Criterion 

(2)(A)(iii) The increase in imports described in clause (ii) contributed importantly to such 
workers' separation or threat of separation and to the decline in the sales or production 
of such firm. 

Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines contributed importantly as "a 
cause that is important but not necessarily more important than any other cause." In determining 
contributed importantly, according to 20 C.F.R. 618.225(a)(2)(iv) "(A) Analysis of the impact of 
increased imports on worker separations and declines in sales or production at the workers' firm 
must generally consist of determining: (1) Whether there are one or more events, or factors, that 
lessen or sever the causal nexus between the increase in imports and worker separations or threat 
of separation, and the decline in sales and production at the workers' firm; (2) What percentage 
of the workers' firm sales or production declines was attributable to the firm's increased imports; 

(3) What percentage of the workers' firm customer(s) sales or production declines was attributable 
to the firm's increased imports; and (4) Whether there are other events or factors that mitigate or 
amplify the impact of increased imports on the workers' firm. (B) The impact may be determined 
using a quantitative or qualitative analysis." 
The department determines that the contributed importantly criterion has been met. 

Conclusion 

After careful review of the facts obtained in the investigation, I determine that workers of 
DAK Americas LLC, Moncks Corner, South Carolina, who are engaged in activities related to 
the production of polyester staple fiber meet the worker group certification criteria under Section 
222(a) of the Act, 19 U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19 U.S.C. § 
2273, I make the following certification: 

"All workers of DAK Americas LLC, Moncks Corner, South Carolina, who became totally 
or partially separated from employment on or after May 26, 2020 through two years 
from the date of certification, and all workers in the group threatened with total or partial 
separation from employment on the date of certification through two years from the date 
of certification, are eligible to apply for adjustment assistance under Chapter 2 of Title II 
of the Trade Act of 1974, as amended." 

Signed in Washington, D.C. this 13th day of September, 2021 

/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN 
Certifying Officer, Office of 
Trade Adjustment Assistance 


      

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