Certified
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TAW-64102  /  Wellman, Inc. (Darlington, SC)

Petitioner Type: Company
Impact Date: 05/04/2008
Filed Date: 09/24/2008
Most Recent Update: 11/14/2008
Determination Date: 11/14/2008
Expiration Date: 11/14/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,102

WELLMAN, INC.
PALMETTO PLANT
INCLUDING ON-SITE LEASED WORKERS FROM CMS LABOR SERVICES
DARLINGTON, SOUTH 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 (19
USC 2273), as amended, 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. It is determined in this case that the requirements
of (a)(2)(A) of Section 222 have been met.
The investigation was initiated on September 24, 2008 in
response to a petition filed by a company official on behalf of
the workers of Wellman, Inc., Palmetto Plant, including on-site
leased workers from CMS Labor Services, Darlington, South
Carolina. The workers are engaged in activities related to the
production of polyester fiber and resin. The workers were under
an existing Trade Adjustment Assistance certification that
expired on May 3, 2008.
The investigation revealed employment, production and sales
at the subject facility decreased during January through August
2008 over the corresponding 2007 period.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of polyester fiber
and resin in 2006, 2007 and January through August 2008 over the
corresponding 2007 period.
The survey revealed that the respondents increased
purchases of imported polyester fiber and resin while decreasing
purchases from the subject firm during the relevant period.
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.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with polyester fiber and resin
produced by Wellman, Inc., Palmetto Plant, Darlington, South
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:










"All workers of Wellman, Inc., Palmetto Plant, including
on-site leased workers from CMS Labor Services, Darlington,
South Carolina, who became totally or partially separated
from employment on or after May 4, 2008 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."
Signed in Washington, D.C., this 14th day of November 2008


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance