Certified
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TAW-82880  /  DAK Americas LLC (Leland, NC)

Petitioner Type: Company
Impact Date: 07/05/2012
Filed Date: 07/09/2013
Most Recent Update: 10/23/2013
Determination Date: 10/23/2013
Expiration Date: 10/23/2015

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,880

DAK AMERICAS LLC
INCLUDING ON-SITE LEASED WORKERS FROM
MUNDY MAINTENANCE, SERVICES AND OPERATIONS, LLC, CLEARWATER
LOADERS, INC., ALLEGIANCE INDUSTRIES, INC., WEISER SECURITY
SERVICES, INC.
LELAND, 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(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;
(2)(B)(i)(I) there has been a shift by the workers'
firm to a foreign country in the production of
articles or supply of services like or directly
competitive with those produced/supplied by the
workers' firm; OR
(II) there has been an acquisition from a
foreign country by the workers' firm of
articles/services that are like or directly
competitive with those produced/supplied by
the workers' firm; AND
(ii) the shift/acquisition must have
contributed importantly to the workers'
separation or threat of separation.

Furthermore, 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 July 9, 2013 by a company official on behalf of
workers of DAK Americas LLC, including on-site leased workers
from Mundy Maintenance, Services and Operations, LLC,
Clearwater Loaders, Inc., Allegiance Industries, Inc., and
Weiser Security Services, Inc., Leland, North Carolina. The
workers' firm is engaged in activities related to production of
Terephthalic Acid, Polyester Staples Fiber, and PET Resin.
Terephthalic Acid is a raw material consumed internally in the
production of Polyester Staples Fiber and PET Resin. Workers
are separately identifiable by product.
The petitioner alleged that worker separations were
triggered by increased imports of PET Resin, as well as the
price suppression and dumping of Polyester Staple Fiber
products, which prompted a transfer of production of polyester
staple fiber to a foreign country.
During the course of the investigation, information was
collected from the workers' firm and the firm's declining
customers.
The investigation revealed that workers of DAK Americas
LLC, including on-site leased workers from Mundy Maintenance,
Services and Operations, LLC, Clearwater Loaders, Inc.,
Allegiance Industries, Inc., and Weiser Security Services,
Inc., Leland, North Carolina, who are engaged in activities
related to the production of Polyester Staples Fiber and
Terephthalic Acid meet the criteria for certification.
Section 222(a)(1) has been met because 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.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of PET Resin by DAK Americas LLC have
decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the articles
produced by DAK Americas LLC have increased.
Section 222(a)(2)(B) has been met because the workers'
firm has acquired from a foreign country articles like or
directly competitive with articles produced by the workers
which contributed importantly to worker group separations at
DAK Americas LLC.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports and the acquisition of articles from a
foreign country contributed importantly to the worker group
separations and sales/production declines at DAK Americas LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of DAK Americas LLC,
including on-site leased workers from Mundy Maintenance,
Services and Operations, LLC, Clearwater Loaders, Inc.,
Allegiance Industries, Inc., and Weiser Security Services, Inc.,
Leland, North Carolina, who are engaged in activities related to
the production of Terephthalic Acid, Polyester Staples Fiber,
and PET Resin 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 DAK Americas LLC, including on-site leased
workers from Mundy Maintenance, Services and Operations,
LLC, Clearwater Loaders, Inc., Allegiance Industries, Inc.,
and Weiser Security Services, Inc., Leland, North Carolina,
who became totally or partially separated from employment
on or after July 5, 2012, 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 23rd day of October, 2013.


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance