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TAW-64108  /  American Fibers and Yarns Company (Chapel Hill, NC)

Petitioner Type: Company
Impact Date: 09/24/2007
Filed Date: 09/25/2008
Most Recent Update: 10/14/2008
Determination Date: 10/14/2008
Expiration Date: 10/14/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,108

AMERICAN FIBERS AND YARNS COMPANY
CHAPEL HILL, NORTH CAROLINA

INCLUDING EMPLOYEES OF AMERICAN FIBERS AND YARNS COMPANY,
CHAPEL HILL, NORTH CAROLINA
OPERATING AT VARIOUS LOCATIONS IN THE FOLLOWING STATES:

TA-W-64,108C
DELAWARE

TA-W-63,108D
SOUTH CAROLINA

Amended 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on October 14, 2008,
applicable to workers of American Fibers and Yarns Company,
Chapel Hill, North Carolina. The notice will be published soon
in the Federal Register.
At the request of a company official, the Department
reviewed the certification for workers of the subject firm.


New information shows that worker separations have occurred
involving employees of the Chapel Hill, North Carolina location
of American Fibers and Yarns Company operating out of various
locations in the states of Delaware and South Carolina. These
employees provided sales function services for the production of
polypropylene yarn produced by the subject firm.
Based on these findings, the Department is amending this
certification to include employees of the Chapel Hill, North
Carolina facility of the subject firm working out of various
locations in the above mentioned states.
The intent of the Department’s certification is to include
all workers of American Fibers and Yarns Company, Chapel Hill,
North Carolina who qualify as secondarily affected by increased
imports of polypropylene yarn.


The amended notice applicable to TA-W-64,108 is hereby
issued as follows:
"All workers of American Fibers and Yarns Company,
Chapel Hill, North Carolina (TA-W-64,108), including
employees in support of American Fibers and Yarns
Company, Chapel Hill, North Carolina located at various
locations in the following states: Delaware (TA-W-
64,108C) and South Carolina (TA-W-64,108D), who became
totally or partially separated from employment on or
after September 24, 2007, through October 14, 2010, 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 at Washington, D.C. this 29th day of October 2008

/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,108
AMERICAN FIBERS AND YARNS COMPANY
CHAPEL HILL, NORTH CAROLINA

TA-W-64,108A
AMERICAN FIBERS AND YARNS COMPANY
INCLUDING LEASED WORKERS OF ADAMS AND GARTH STAFFING AGENCY
AND PHILLIPS STAFFING AGENCY
AFTON, VIRGINIA

TA-W-64,108B
AMERICAN FIBERS AND YARNS COMPANY
BAINGRIDGE, GEORGIA

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 an investigation regarding certification of eligibility
to apply for worker adjustment assistance as a secondarily affected
worker group.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements of
paragraph (b) of Section 222 of the Trade Act, as amended, must be
met. It is determined in this case that the requirements of (b) of
Section 222, as amended, have been met.
The investigation was initiated on September 9, 2008, in
response to a petition filed by a company official on behalf of
workers of American Fibers and Yarns Company, Chapel Hill, North
Carolina (TA-W-64,108); American Fibers and Yarns Company, Afton,
Virginia (TA-W-64,108A); and American Fibers and Yarns Company,
Bainbridge, Georgia (TA-W-64,108B). These facilities are
vertically integrated. Workers at American Fibers and Yarns
Company, Afton, Virginia and Bainbridge, Georgia produce
polypropylene yarn. Workers at American Fibers and Yarns Company,
Chapel Hill, North Carolina support all of the sales and
administration functions of the production facilities.
The investigation revealed that American Fibers and Yarns
Company, Chapel Hill, North Carolina; American Fibers and Yarns
Company, Afton, Virginia; and American Fibers and Yarns Company,
Bainbridge, Georgia supplies component parts for upholstered
fabrics, novelty yarns, and textiles and a loss of business with
a manufacturer of upholstered fabrics, novelty yarns, and
textiles whose workers were certified eligible to apply for
adjustment assistance contributed importantly to the separation
or threat of separation of workers at the above named facilities.
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 workers of American Fibers and
Yarns Company, Chapel Hill, North Carolina; Afton, Virginia; and
Bainbridge, Georgia, qualify as adversely affected secondary
workers under Section 222 of the Trade Act of 1974, as amended. In
accordance with the provisions of the Act, I make the following
certification:


"All workers of American Fibers and Yarns Company, Chapel
Hill, North Carolina; American Fibers and Yarns Company,
Afton, Virginia including leased workers of Adams and Garth
Staffing Agency and Phillips Staffing Agency; and American
Fibers and Yarns Company, Bainbridge, Georgia, who became
totally or partially separated from employment on or after
September 24, 2007, 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 October 2008


______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance








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