Petitioner Type: Workers
Impact Date: 09/22/2008
Filed Date: 09/28/2009
Most Recent Update: 11/19/2009
Determination Date: 11/19/2009
Expiration Date: 11/19/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,419
INVISTA, S.A'R.L.
PERFORMANCE SURFACES AND MATERIALS DIVISION
A SUBSIDIARY OF KOCH INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ONE SOURCE/SOUTHERN
MANAGEMENT AND SECURITY FORCES, INC.
ATHENS, GEORGIA
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(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.
The investigation was initiated in response to a petition
filed on September 28, 2009 on behalf of workers of Invista
S.a'r.l., Performance Surfaces and Materials Division, a
subsidiary of Koch Industries, Inc., Athens, Georgia
(Invista). The workers produce beamed yarn and heathered tube
yarn. The worker group includes on-site leased workers from
One Source/Southern Management and Security Forces, Inc.
The investigation revealed that workers of Invista who are
engaged in employment related to production of beamed yarn and
heathered tube yarn meet the criteria for certification.
Section 222(a)(1) has been met because at least five
percent of the workers have become separated from employment
during the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales
and production of beamed yarn and heathered tube yarn by
Invista have decreased absolutely during the relevant period.
Section 222(a)(2)(A)(ii) has been met because aggregate
United States imports of articles like or directly competitive
with the beamed yarn and heathered tube yarn produced by
Invista have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased aggregate imports of beamed yarn and heathered
tube yarn contributed importantly to the worker group
separations and sales/production declines at Invista.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Invista S.a'r.l.,
Performance Surfaces and Materials Division, a subsidiary of
Koch Industries, Inc., including on-site leased workers from A
One Source/Southern Management and Security Forces, Inc.,
Athens, Georgia, who are engaged in employment related to
production of beamed yarn and heathered tube 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 Invista S.a'r.l., Performance Surfaces and
Materials Division, a subsidiary of Koch Industries,
Inc., Athens, Georgia, including on-site leased workers
from One Source/Southern Management and Security Forces,
Inc., who became totally or partially separated from
employment on or after September 22, 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 19th day of November, 2009
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-72,419
INVISTA, S.A'R.L.
PERFORMANCE SURFACES AND MATERIALS DIVISION
A SUBSIDIARY OF KOCH INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ONE SOURCE/SOUTHERN
MANAGEMENT AND SECURITY FORCES, INC.
ATHENS, GEORGIA
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(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.
The investigation was initiated in response to a petition
filed on September 28, 2009 on behalf of workers of Invista
S.a'r.l., Performance Surfaces and Materials Division, a
subsidiary of Koch Industries, Inc., Athens, Georgia
(Invista). The workers produce beamed yarn and heathered tube
yarn. The worker group includes on-site leased workers from
One Source/Southern Management and Security Forces, Inc.
The investigation revealed that workers of Invista who are
engaged in employment related to production of beamed yarn and
heathered tube yarn meet the criteria for certification.
Section 222(a)(1) has been met because at least five
percent of the workers have become separated from employment
during the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales
and production of beamed yarn and heathered tube yarn by
Invista have decreased absolutely during the relevant period.
Section 222(a)(2)(A)(ii) has been met because aggregate
United States imports of articles like or directly competitive
with the beamed yarn and heathered tube yarn produced by
Invista have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased aggregate imports of beamed yarn and heathered
tube yarn contributed importantly to the worker group
separations and sales/production declines at Invista.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Invista S.a'r.l.,
Performance Surfaces and Materials Division, a subsidiary of
Koch Industries, Inc., including on-site leased workers from A
One Source/Southern Management and Security Forces, Inc.,
Athens, Georgia, who are engaged in employment related to
production of beamed yarn and heathered tube 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 Invista S.a'r.l., Performance Surfaces and
Materials Division, a subsidiary of Koch Industries,
Inc., Athens, Georgia, including on-site leased workers
from One Source/Southern Management and Security Forces,
Inc., who became totally or partially separated from
employment on or after September 22, 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 19th day of November, 2009
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance