DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,143
FIBER INDUSTRIES, INC.
A SUBSIDIARY OF WELLMAN, INC.
PALMETTO PLANT
INCLUDING LEASED ON-SITE PRODUCTION WORKERS FROM
PINNACLE STAFFING AND BE&K
DARLINGTON, SOUTH CAROLINA

TA-W-59,143A
FIBER INDUSTRIES, INC.
A SUBSIDIARY OF WELLMAN, INC.
FORT MILL, SOUTH CAROLINA

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 (19
USC 2273), the Department of Labor herein presents the results of
its 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.
The investigation was initiated on April 3, 2006 in response
to a petition filed by a company official on behalf of Fiber
Industries, Inc., a subsidiary of Wellman, Inc., Palmetto Plant,
Darlington, South Carolina (TA-W-59,143) and Fiber Industries,
Inc., a subsidiary of Wellman, Inc., Fort Mill, South Carolina (TA-
W-59,143A). The workers at the Darlington facility produce
synthetic staple fibers whereas workers at the Fort Mill facility
are engaged in management and administrative activities. The
Darlington facility leased some on-site production workers from
Pinnacle Staffing and BE&K.
With regards to the Darlington facility, it is determined in
this case that the requirements of (a)(2)(A) of Section 222 have
been met.
The investigation revealed that employment and production
declined in the relevant period at the subject facility.
The United States Department of Labor surveyed the subject
firm's major customers regarding their purchases of synthetic
staple fibers in 2004, 2005, and January through March 2006. The
survey revealed purchases from abroad increased while purchases
from the subject firm declined during the period under
investigation.
Aggregate United States imports of synthetic staple fibers
increased from 2004 to 2005.
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 assistance (ATAA) for
older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
With regards to the Fort Mill facility, the investigation
revealed that criteria (a)(2)(A)(I.A) and (a)(2)(B)(II.A) have not
been met.
The investigation revealed that the subject firm did not
separate, and does not plan to separate in the near future, a
significant number or proportion of workers during the relevant
time frame as required by Section 222 of the Trade Act of 1974. A
significant number or proportion of the workers in a firm, or
appropriate subdivision thereof, means five percent of the workers
in a workforce of over 50 workers. Separations by the subject firm
did not reach this level.
With regard to ATAA for older workers at the Fort Mill
facility, 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 at the facility are denied eligibility to apply for TAA,
they cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with those produced by Fiber
Industries, Inc., a subsidiary of Wellman, Inc., Palmetto Plant,
Darlington, South Carolina (TA-W-59,143), contributed to the total
or partial separation of workers and to the decline in sales or
production and at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Fiber Industries, Inc., a subsidiary of
Wellman, Inc., Palmetto Plant, including leased on-site
production workers of Pinnacle Staffing and BE&K, Darlington,
South Carolina (TA-W-59,143), who became totally or partially
separated from employment on or after March 22, 2005 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."
Furthermore, after careful review, I determine that all
workers of Fiber Industries, Inc., a subsidiary of Wellman, Inc.,
Fort Mill, South Carolina (TA-W-59,143A) 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 3rd day of May, 2006


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