DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,997

CELANESE ACETATE, LLC
CELCO PLANT
NARROWS, VIRGINIA

Negative 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, 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 15, 2004 in
response to a petition filed by UNITE HERE Mid-Atlantic Regional
Joint Board on behalf of workers of Celanese Acetate, LLC, Celco
Plant, Narrows, Virginia. The workers produce acetate filament.
The investigation revealed that criteria I.A and II.A. are not
met.
Sales and production of acetate filament at the subject firm
increased in 2003 compared to 2002. During the period of decline in
sales and production, January through October, 2004, compared with
the same period in 2003, the subject firm did not separate or
threaten to separate a significant number or proportion of workers
as required by Section 222 of the Trade Act of 1974. Significant
number or proportion of the workers in a firm, or appropriate
subdivision thereof, means five percent of the workforce in worker
groups of 50 or more. Separations meeting this threshold are not
imminent.
Celanese Acetate LLC did not shift production of acetate
filament from the subject facility to a foreign facility, nor did
import that product in the relevant period.
The company has indicated that it anticipates major
separations at the subject plant in the second quarter of 2005.
The petitioner may re-file should circumstances change.
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 assis-
tance (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 are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.


Conclusion
After careful review, I determine that all workers of
Celanese Acetate, LLC, Celco Plant, Narrows, Virginia are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, and are also denied eligibility to
apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed in Washington, D.C. this 23rd day of December 2004.

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