Petitioner Type: Workers
Impact Date: 07/19/2004
Filed Date: 07/27/2005
Most Recent Update: 08/31/2005
Determination Date: 08/31/2005
Expiration Date: 08/31/2007
Employment and Training Administration
TA-W-57,627
CLEARWATER LOADERS, INC.
LEASED ON-SITE WORKERS AT
UNIFI-KINSTON, LLC
FORMERLY D.B.A. INVISTA, S.A.R.L
A SUBSIDIARY OF KOCH INDUSTRIES
FORMERLY D.B.A. INVISTA, INC.
A SUBSIDIARY OF E.I. DUPONT DE NEMOURS & COMPANY, INC.
KINSTON, NORTH CAROLINA
Certification 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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(A) of Section 222 have been met.
The investigation was initiated on July 27, 2005, in
response to a petition filed on behalf of workers of Clearwater
Loaders Inc., Kinston, North Carolina. The workers provided
manufacturing process equipment insulation installation,
removal, repair, and maintenance services on-site at a yarn
filament production facility.
The investigation revealed that workers of Clearwater
Loaders Inc., Kinston, North Carolina, were contracted by Unifi-
Kinston LLC, formerly d/b/a Invista, S.A.R.L, a subsidiary of
Koch Industries, formerly d/b/a Invista, Inc., a subsidiary of
E.I. DuPont de Nemours & Company, Inc., Kinston, North Carolina,
to provide on-site services related to Unifi-Kinston LLC's
production of POY yarn filament (Dacron). Workers of Unifi-
Kinston LLC in Kinston were certified eligible to apply for
trade adjustment assistance and alternative trade adjustment
assistance on December 9, 2004 (petition number TA-W-55,977).
That certification expires December 9, 2006.
The investigation revealed that employment at Clearwater
Loaders Inc., Kinston, North Carolina declined as a result of
Unifi-Kinston LLC's major customers increasing their reliance on
imports of POY yarn filament (Dacron) during the relevant
period.
The petitioner also requested consideration for alternative
trade adjustment assistance (ATAA). Since workers of Unifi-
Kinston LLC producing POY yarn filament (Dacron) are certified
eligible to apply for ATAA, the Department is extending that
eligibility to the employees of Clearwater Loaders Inc. working
at the Kinston, North Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with POY yarn filament (Dacron)
produced by Unifi-Kinston LLC, formerly d/b/a Invista, S.A.R.L,
a subsidiary of Koch Industries, formerly d/b/a Invista, Inc., a
subsidiary of E.I. DuPont de Nemours & Company, Inc., Kinston,
North Carolina, contributed importantly to the total or partial
separation of workers and to the decline in sales or production
at that firm or subdivision. In accordance with the provisions
of the Act, I make the following certification:
"Workers of Clearwater Loaders, Inc., working at Unifi-
Kinston, LLC, formerly d/b/a Invista, S.A.R.L, a subsidiary
of Koch Industries, formerly d/b/a Invista, Inc., a
subsidiary of E.I. DuPont de Nemours & Company, Inc.,
Kinston, North Carolina, who became totally or partially
separated from employment on or after July 19, 2004,
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, as amended.
Signed in Washington, D.C., this 31st day of August, 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance