Petitioner Type: Company
Impact Date:
Filed Date: 01/21/2005
Most Recent Update: 02/18/2005
Determination Date: 02/18/2005
Expiration Date:
Employment and Training Administration
TA-W-56,372
DYSTAR LP
CHARLOTTE, NORTH CAROLINA
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 investigation was initiated on January 21, 2005, in
response to a petition filed by a company official on behalf of
workers of DyStar LP, Charlotte, North Carolina. Workers of the
subject firm are engaged in off-site product testing, product
scheduling and customer service in support of dye and colorant
production by unaffiliated companies.
The investigation revealed that DyStar LP, Charlotte, North
Carolina, does not produce an article within the meaning of Section
222(a)(2) of the Act. In order to be considered eligible to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, the worker group seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must be
a relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The job functions
described above do not support a firm or appropriate subdivision
that produces an article domestically and thus the worker group can
not be considered import impacted or affected by a shift in
production of an article.
Conclusion
After careful review, I determine that all workers of DyStar
LP, Charlotte, North Carolina are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C., this 18th day of February 2005
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance