DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,173

INVISTA INC.
FORMERLY DUPONT TEXTILES AND INTERIORS
TEXTILE APPAREL DIVISION
A SUBSIDIARY OF E.I. DU PONT DE NEMOURS & COMPANY, INC.
ATHENS, GEORGIA

TA-W-53,173A

INVISTA, INC.
FORMERLY DUPONT TEXTILES AND INTERIORS
COMMERCIAL FLOORING DIVISION
A SUBSIDIARY OF E.I. DU PONT DE NEMOURS & COMPANY, INC.
ATHENS, GEORGIA

Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19 USC
2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on October 8, 2003 in response
to a petition filed by a company official on behalf of workers of
Invista, Inc., formerly DuPont Textiles and Interiors, Textile
Apparel Division, a subsidiary of E.I. du Pont de Nemours &
Company, Inc., Athens Georgia (TA-W-53,173) and Invista, Inc.,
formerly DuPont Textiles and Interiors, Commercial Flooring
Division, a subsidiary of E.I. du Pont de Nemours & Company, Inc.,
Athens, Georgia (TA-W-53,173A). Workers of the Textile Apparel
Division (TA-W-53,173) produce beamed yarn. Workers of the
Commercial Flooring Division (TA-W-53,173A) produce carpet fiber.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance as a secondarily affected worker group, the group
eligibility requirements in either paragraph (b)(3)(A) or (b)(3)(B)
of Section 222 of the Trade Act must be met. It is determined in
the case of Invista, Inc., formerly DuPont Textiles and Interiors,
Textile Apparel Division, a subsidiary of E.I. du Pont de Nemours &
Company, Inc., Athens, Georgia (TA-W-53,173) that the requirements
of (b)(3)(B) of Section 222 have been met.
The investigation revealed that employment at Invista, Inc.,
formerly DuPont Textiles and Interiors, Textile Apparel Division, a
subsidiary of E.I. du Pont de Nemours & Company, Inc., Athens,
Georgia (TA-W-53,173) declined absolutely during the period of
January through August 2003, when compared to the same period in
2002.
The investigation further revealed that Invista, Inc.,
formerly DuPont Textiles and Interiors, Textile Apparel Division, a
subsidiary of E.I. du Pont de Nemours & Company, Inc., Athens,
Georgia (TA-W-53,173) supplies beamed yarn used in the production
of fabric, and the loss of business with manufacturers whose
workers were certified eligible to apply for adjustment assistance
contributed importantly to worker separations at the subject
division.
In addition, 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 the case of Invista, Inc.,
formerly DuPont Textiles and Interiors, Textile Apparel Division, a
subsidiary of E.I. du Pont de Nemours & Company, Inc., Athens,
Georgia (TA-W-53,173) that the requirements of Section 246 have
been met.
A significant number of workers at the division are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Furthermore, in order to make an affirmative determination and
issue a certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements for directly-
impacted (primary) workers under Section 222(a) the Trade Act of
1974, as amended, can be satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

It is determined in the case of Invista, Inc., formerly DuPont
Textiles and Interiors, Commercial Flooring Division, a subsidiary
of E.I. du Pont de Nemours & Company, Inc., Athens, Georgia (TA-W-
53,173A) that criteria (a)(2)(A)(I.C) and (a)(2)(B)(II. B) have not
been met.
The investigation revealed that Invista, Inc., formerly DuPont
Textiles and Interiors, Commercial Flooring Division, a subsidiary
of E.I. du Pont de Nemours & Company, Inc., Athens, Georgia (TA-W-
53,173A) did not import carpet fiber or shift production abroad
during 2001, 2002 or during January through August 2003.
The Department of Labor surveyed Invista, Inc., formerly
DuPont Textiles and Interiors, Commercial Flooring Division, a
subsidiary of E.I. du Pont de Nemours & Company, Inc., Athens,
Georgia's (TA-W-53,173A) major declining customers regarding their
purchases of carpet fiber. This survey revealed negligible imports
of carpet fiber during the relevant period.
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 worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers of Invista, Inc., formerly DuPont Textiles and Interiors,
Commercial Flooring Division, a subsidiary of E.I. du Pont de
Nemours & Company, Inc., Athens, Georgia (TA-W-53,173A) are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Invista, Inc., formerly
DuPont Textiles and Interiors, Textile Apparel Division, a
subsidiary of E.I. du Pont de Nemours & Company, Inc., Athens,
Georgia (TA-W-53,173) qualify as adversely affected secondary
workers under Section 222 of the Trade Act of 1974, as amended.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Invista, Inc., formerly DuPont Textiles and
Interiors, Textile Apparel Division, a subsidiary of E.I. du
Pont de Nemours & Company, Inc., Athens, Georgia (TA-W-53,173)
who became totally or partially separated from employment on
or after September 24, 2002, 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."
Furthermore, I determine that all workers of Invista, Inc.,
formerly DuPont Textiles and Interiors, Commercial Flooring
Division, a subsidiary of E.I. du Pont de Nemours & Company, Inc.,
Athens, Georgia (TA-W-53,173A) are denied eligibility to apply for
adjustment assistance under section 223 of the Trade Act of 1974,
and alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed at Washington, D.C., this 17th day of November 2003

/s/ Linda G. Poole
__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance