Petitioner Type: Company
Impact Date: 10/23/2002
Filed Date: 10/24/2003
Most Recent Update: 01/12/2004
Determination Date: 01/12/2004
Expiration Date: 01/12/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,343
ARTEVA SPECIALTIES S.A.R.L.
d/b/a KOSA
SHELBY SITE DIVISION
SHELBY, NORTH CAROLINA
Determinations Regarding Eligibility
To Apply For Worker 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.
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, 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.
The investigation was initiated on October 24, 2003, in response to a petition filed by a company official on behalf of workers of Arteva Specialties S.a.r.l. d/b/a KoSa, Shelby Site Division, Shelby, North Carolina. The workers produce polyester textile and low denier industrial polyester filaments and are separately identifiable by products.
With respect to workers producing polyester textile filament, it is determined in this case that the requirements of (a)(2)(B) of Section 222 have been met.
The investigation revealed that employment at the subject firm declined from January to October 2003 when compared to the same time period in 2002.
The preponderance in the declines in employment at the subject firm is related to a shift in plant production of polyester textile filament to a country (Mexico) that is a party to a free trade agreement with the United States.
With respect to workers producing low denier industrial polyester filament, it is determined that criteria (a) (2) (A) (I.C) and (a)(2)(B) (II.B) are not met.
The investigation revealed that the subject firm neither imported low denier industrial polyester filament nor did the subject firm shift production of low denier industrial polyester filament to a foreign country during 2001 to 2002 or from January to October 2003.
The Department of Labor surveyed the subject firm’s major declining customer regarding its purchases of low denier industrial polyester filament. The survey revealed no increase in imports during the period under investigation.
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 Mexico of polyester textile filament 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 Arteva Specialties S.a.r.l. d/b/a KoSa, Shelby Site Division, Shelby, North Carolina, engaged in the production of polyester textile filament, who became totally or partially separated from employment on or after October 23, 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.”
I further determine that workers of Arteva Specialties S.a.r.l. d/b/a KoSa, Shelby Site Division, Shelby, North Carolina, engaged in employment related to the production of low denier industrial polyester filament are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 12th day of January 2004.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,343
ARTEVA SPECIALTIES S.A.R.L.
d/b/a KOSA
SHELBY SITE DIVISION
SHELBY, NORTH CAROLINA
Determinations Regarding Eligibility
To Apply For Worker 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.
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, 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.
The investigation was initiated on October 24, 2003, in response to a petition filed by a company official on behalf of workers of Arteva Specialties S.a.r.l. d/b/a KoSa, Shelby Site Division, Shelby, North Carolina. The workers produce polyester textile and low denier industrial polyester filaments and are separately identifiable by products.
With respect to workers producing polyester textile filament, it is determined in this case that the requirements of (a)(2)(B) of Section 222 have been met.
The investigation revealed that employment at the subject firm declined from January to October 2003 when compared to the same time period in 2002.
The preponderance in the declines in employment at the subject firm is related to a shift in plant production of polyester textile filament to a country (Mexico) that is a party to a free trade agreement with the United States.
With respect to workers producing low denier industrial polyester filament, it is determined that criteria (a) (2) (A) (I.C) and (a)(2)(B) (II.B) are not met.
The investigation revealed that the subject firm neither imported low denier industrial polyester filament nor did the subject firm shift production of low denier industrial polyester filament to a foreign country during 2001 to 2002 or from January to October 2003.
The Department of Labor surveyed the subject firm’s major declining customer regarding its purchases of low denier industrial polyester filament. The survey revealed no increase in imports during the period under investigation.
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 Mexico of polyester textile filament 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 Arteva Specialties S.a.r.l. d/b/a KoSa, Shelby Site Division, Shelby, North Carolina, engaged in the production of polyester textile filament, who became totally or partially separated from employment on or after October 23, 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.”
I further determine that workers of Arteva Specialties S.a.r.l. d/b/a KoSa, Shelby Site Division, Shelby, North Carolina, engaged in employment related to the production of low denier industrial polyester filament are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 12th day of January 2004.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance