DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,565

NYLSTAR, INC.
RIDGEWAY, VIRGINIA

Negative Determination 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 November 18, 2003 in
response to a petition filed on behalf of workers at Nylstar,
Inc., Ridgeway, Virginia. The workers are engaged in employment
related to the production of nylon filament used in the textile
industry.
The investigation revealed that criteria (I.B) and (II.B)
have not been met.
Sales\Production at the subject firm increased in 2002 as
compared with 2001 and also increased during January through
September 2003 compared with the same period in 2002.
The investigation also revealed that the subject firm did
not import nylon filament nor did it shift production to a
foreign country during the relevant period.
A Department of Labor survey of major customers of the
subject firm regarding their purchases of nylon filament revealed
that respondents did not increase imports in periods of decreased
purchases from the subject firm.
Conclusion
After careful review, I determine that all workers of
Nylstar, Inc., Ridgeway, Virginia, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C., this 6th day of January 2004

/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance