Petitioner Type: Company
Impact Date: 05/29/2008
Filed Date: 06/01/2009
Most Recent Update: 07/07/2009
Determination Date: 07/07/2009
Expiration Date: 07/07/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,812
PERFORMANCE FIBERS OPERATIONS, INC.
SALISBURY PLANT
INCLUDING ON-SITE LEASED WORKERS FROM
MUNDY MAINTENANCE, SERVICES AND OPERATIONS, LLC
AND
UTI INTEGRATED LOGISTICS
SALISBURY, NORTH CAROLINA
Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on July 7, 2009, applicable to workers of Performance
Fibers Operations, Inc., Salisbury Plant, Salisbury, North
Carolina. The notice will be published soon in the Federal
Register.
At the request of company officials, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of polyester tire cord and high
denier industrial yarn.
The company reports that on-site leased workers from Mundy
Maintenance, Services and Operations, LLC and UTi Integrated
Logistics were inadvertently omitted from the certification.
Based on these findings, the Department is amending this
certification to include workers leased from Mundy Maintenance,
Services and Operations, LLC and UTi Integrated Logistics working
on-site at the Salisbury, North Carolina location of Performance
Fibers Operations, Inc., Salisbury Plant. Workers are
sufficiently under control of Performance Fibers Operations to be
considered leased workers.
The amended notice applicable to TA-W-70,812 is hereby
issued as follows:
"All workers of Performance Fibers Operations, Inc.,
Salisbury Plant, including on-site leased workers from
Mundy Maintenance, Services and Operations, LLC and UTi
Integrated Logistics, Salisbury, North Carolina, who
became totally or partially separated from employment
on or after May 29, 2008 through July 7, 2011, and all
workers in the group threatened with total or partial
separation from employment on July 7, 2009 through July
7, 2011, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act
of 1974, as amended.”
Signed at Washington, D.C., this 23rd day of July 2009
/s/ Richard Church
__________________________________
RICHARD CHURCH
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,812
PERFORMANCES FIBERS OPERATIONS, INC.
SALISBURY PLANT
SALISBURY, NORTH CAROLINA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor herein
presents the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
The group eligibility requirements for workers of a firm under
Section 222(c) of the Act, 19 U.S.C. § 2272(c), can be satisfied if
the following criteria are met:
I. a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;
II. the workers’ firm is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production
is related to the article or service that was the basis
for such certification; and
III. either
(A) the workers’ firm is a supplier and the component parts
it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
described in paragraph (2) contributed importantly to the
workers’ separation or threat of separation.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term “Supplier” as “a firm that produces and supplies directly to
another firm component parts for articles, or services used in the
production of articles or in the supply of services, as the case
may be, that were the basis for a certification of eligibility
under subsection (a) [of Section 222 of the Act] of a group of
workers employed by such other firm.”
The investigation was initiated in response to a petition
filed on June 1, 2009 by a company official on behalf of workers
of Performance Fibers Operations, Inc., Salisbury Plant,
Salisbury, North Carolina. The workers produce polyester tire
cord and high denier industrial yarn.
The investigation revealed that workers of the Salisbury
Plant who are engaged in employment related to production of
polyester tire cord and high denier industrial yarn meet the
criteria for certification.
Criterion I has been met because a significant portion of
workers have been separated.
Criterion II has been satisfied because workers of the
Salisbury Plant produced and sold polyester tire cord and high
denier industrial yarn to Hyosung USA, Inc., Decatur, Alabama and
Hyosung USA, Utica, New York to be incorporated into tire
reinforcement fabric. Workers of Hyosung USA, Inc., Decatur,
Alabama, are covered by certification TA-W-64,472, issued based
on an actual/likely increase in imports due to a shift of
production to Asia. Workers of Hyosung USA, Inc., Utica, New
York, are covered by certification TA-W-70,136, issued based on
an actual/likely increase in imports due to a shift of production
to Asia.
Criterion III has been met because the polyester tire cord
and high denier industrial yarn produced by the Salisbury Plant
for Hyosung USA, Inc. in Decatur, Alabama and Utica, New York,
contributed importantly to the production or sales decline of the
Salisbury Plant.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Performance Fibers
Operations, Inc., Salisbury Plant, Salisbury, North Carolina, who
are engaged in employment related to the production of polyester
tire cord and high denier industrial yarn meet the worker group
certification criteria under Section 222(a) of the Act, 19 U.S.C. §
2272(a). In accordance with Section 223 of the Act, 19 U.S.C. §
2273, I make the following certification:
“All workers of Performance Fibers Operations, Inc.,
Salisbury Plant, Salisbury, North Carolina, who became
totally or partially separated from employment on or after May
29, 2008, through two years from the date of certification,
and all workers in the group threatened with total or partial
separation from employment on the date of certification
through two years from the date of certification, are eligible
to apply for adjustment assistance under Chapter 2 of Title II
of the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 7th day of July, 2009
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
- 6 -
Employment and Training Administration
TA-W-70,812
PERFORMANCE FIBERS OPERATIONS, INC.
SALISBURY PLANT
INCLUDING ON-SITE LEASED WORKERS FROM
MUNDY MAINTENANCE, SERVICES AND OPERATIONS, LLC
AND
UTI INTEGRATED LOGISTICS
SALISBURY, NORTH CAROLINA
Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on July 7, 2009, applicable to workers of Performance
Fibers Operations, Inc., Salisbury Plant, Salisbury, North
Carolina. The notice will be published soon in the Federal
Register.
At the request of company officials, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of polyester tire cord and high
denier industrial yarn.
The company reports that on-site leased workers from Mundy
Maintenance, Services and Operations, LLC and UTi Integrated
Logistics were inadvertently omitted from the certification.
Based on these findings, the Department is amending this
certification to include workers leased from Mundy Maintenance,
Services and Operations, LLC and UTi Integrated Logistics working
on-site at the Salisbury, North Carolina location of Performance
Fibers Operations, Inc., Salisbury Plant. Workers are
sufficiently under control of Performance Fibers Operations to be
considered leased workers.
The amended notice applicable to TA-W-70,812 is hereby
issued as follows:
"All workers of Performance Fibers Operations, Inc.,
Salisbury Plant, including on-site leased workers from
Mundy Maintenance, Services and Operations, LLC and UTi
Integrated Logistics, Salisbury, North Carolina, who
became totally or partially separated from employment
on or after May 29, 2008 through July 7, 2011, and all
workers in the group threatened with total or partial
separation from employment on July 7, 2009 through July
7, 2011, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act
of 1974, as amended.”
Signed at Washington, D.C., this 23rd day of July 2009
/s/ Richard Church
__________________________________
RICHARD CHURCH
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,812
PERFORMANCES FIBERS OPERATIONS, INC.
SALISBURY PLANT
SALISBURY, NORTH CAROLINA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor herein
presents the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
The group eligibility requirements for workers of a firm under
Section 222(c) of the Act, 19 U.S.C. § 2272(c), can be satisfied if
the following criteria are met:
I. a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;
II. the workers’ firm is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production
is related to the article or service that was the basis
for such certification; and
III. either
(A) the workers’ firm is a supplier and the component parts
it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
described in paragraph (2) contributed importantly to the
workers’ separation or threat of separation.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term “Supplier” as “a firm that produces and supplies directly to
another firm component parts for articles, or services used in the
production of articles or in the supply of services, as the case
may be, that were the basis for a certification of eligibility
under subsection (a) [of Section 222 of the Act] of a group of
workers employed by such other firm.”
The investigation was initiated in response to a petition
filed on June 1, 2009 by a company official on behalf of workers
of Performance Fibers Operations, Inc., Salisbury Plant,
Salisbury, North Carolina. The workers produce polyester tire
cord and high denier industrial yarn.
The investigation revealed that workers of the Salisbury
Plant who are engaged in employment related to production of
polyester tire cord and high denier industrial yarn meet the
criteria for certification.
Criterion I has been met because a significant portion of
workers have been separated.
Criterion II has been satisfied because workers of the
Salisbury Plant produced and sold polyester tire cord and high
denier industrial yarn to Hyosung USA, Inc., Decatur, Alabama and
Hyosung USA, Utica, New York to be incorporated into tire
reinforcement fabric. Workers of Hyosung USA, Inc., Decatur,
Alabama, are covered by certification TA-W-64,472, issued based
on an actual/likely increase in imports due to a shift of
production to Asia. Workers of Hyosung USA, Inc., Utica, New
York, are covered by certification TA-W-70,136, issued based on
an actual/likely increase in imports due to a shift of production
to Asia.
Criterion III has been met because the polyester tire cord
and high denier industrial yarn produced by the Salisbury Plant
for Hyosung USA, Inc. in Decatur, Alabama and Utica, New York,
contributed importantly to the production or sales decline of the
Salisbury Plant.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Performance Fibers
Operations, Inc., Salisbury Plant, Salisbury, North Carolina, who
are engaged in employment related to the production of polyester
tire cord and high denier industrial yarn meet the worker group
certification criteria under Section 222(a) of the Act, 19 U.S.C. §
2272(a). In accordance with Section 223 of the Act, 19 U.S.C. §
2273, I make the following certification:
“All workers of Performance Fibers Operations, Inc.,
Salisbury Plant, Salisbury, North Carolina, who became
totally or partially separated from employment on or after May
29, 2008, through two years from the date of certification,
and all workers in the group threatened with total or partial
separation from employment on the date of certification
through two years from the date of certification, are eligible
to apply for adjustment assistance under Chapter 2 of Title II
of the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 7th day of July, 2009
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
- 6 -