Petitioner Type: Workers
Impact Date: 01/27/2015
Filed Date: 01/28/2016
Most Recent Update: 03/17/2016
Determination Date: 03/17/2016
Expiration Date: 03/17/2018
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-91,399
INVISTA S.A.R.L.
ADIPIC ACID UNIT
A WHOLLY-OWNED SUBSIDIARY OF KOCH INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM INNOVATIVE TURNAROUND
CONTROLS LTD., SWIFT TECHNICAL GROUP LLC, AND KAP PROJECT
SERVICES LTD.
ORANGE, TEXAS
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.
The investigation was initiated in response to a petition
filed on January 28, 2016 by three workers on behalf of INVISTA
S.a.r.l., Adipic Acid Unit, a wholly owned subsidiary of Koch
Industries, Inc., including on-site leased workers from
Innovative Turnaround Controls Ltd., Swift Technical Group LLC,
and KAP Project Services Ltd. (herein known as "INVISTA
S.a.r.l.").
The subject workers' firm is engaged in activities related
to the production of ADI-PURE, adipic acid, and HMD, which are
nylon intermediate chemicals for manufacturing nylon fiber.
Specifically, the subject worker group is engaged in activities
related to the production of adipic acid.
During the course of the investigation, information was
collected from the petitioner and workers' firm.
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)(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 INVISTA
S.a.r.l.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of INVISTA S.a.r.l.,
Adipic Acid Unit, a wholly owned subsidiary of Koch Industries,
Inc., including on-site leased workers from Innovative
Turnaround Controls Ltd., Swift Technical Group LLC, and KAP
Project Services Ltd., Orange, Texas, who are engaged in
activities related to the production of adipic acid 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., Adipic Acid Unit, a
wholly owned subsidiary of Koch Industries, Inc.,
including on-site leased workers from Innovative
Turnaround Controls Ltd., Swift Technical Group LLC, and
KAP Project Services Ltd., Orange, Texas, who became
totally or partially separated from employment on or after
January 27, 2015 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 17th day of March 2016.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-91,399
INVISTA S.A.R.L.
ADIPIC ACID UNIT
A WHOLLY-OWNED SUBSIDIARY OF KOCH INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM INNOVATIVE TURNAROUND
CONTROLS LTD., SWIFT TECHNICAL GROUP LLC, AND KAP PROJECT
SERVICES LTD.
ORANGE, TEXAS
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.
The investigation was initiated in response to a petition
filed on January 28, 2016 by three workers on behalf of INVISTA
S.a.r.l., Adipic Acid Unit, a wholly owned subsidiary of Koch
Industries, Inc., including on-site leased workers from
Innovative Turnaround Controls Ltd., Swift Technical Group LLC,
and KAP Project Services Ltd. (herein known as "INVISTA
S.a.r.l.").
The subject workers' firm is engaged in activities related
to the production of ADI-PURE, adipic acid, and HMD, which are
nylon intermediate chemicals for manufacturing nylon fiber.
Specifically, the subject worker group is engaged in activities
related to the production of adipic acid.
During the course of the investigation, information was
collected from the petitioner and workers' firm.
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)(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 INVISTA
S.a.r.l.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of INVISTA S.a.r.l.,
Adipic Acid Unit, a wholly owned subsidiary of Koch Industries,
Inc., including on-site leased workers from Innovative
Turnaround Controls Ltd., Swift Technical Group LLC, and KAP
Project Services Ltd., Orange, Texas, who are engaged in
activities related to the production of adipic acid 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., Adipic Acid Unit, a
wholly owned subsidiary of Koch Industries, Inc.,
including on-site leased workers from Innovative
Turnaround Controls Ltd., Swift Technical Group LLC, and
KAP Project Services Ltd., Orange, Texas, who became
totally or partially separated from employment on or after
January 27, 2015 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 17th day of March 2016.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance