Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8691 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–85,497] 

Invista S.A.R.L.; Apparel Division; A 

Wholly-Owned Subsidiary of Koch 

Industries, Inc.; Waynesboro, Virginia; 

Notice of Affirmative Determination 

Regarding Application for 

Reconsideration 

By application dated December 14, 

2014, United Workers, Inc., 

International Brotherhood of Dupont 

Workers, Local 381, requested 

administrative reconsideration of the 

negative determination regarding 

workers’ eligibility to apply for worker 

adjustment assistance applicable to 

workers and former workers of INVISTA 

S.a.r.l., a wholly-owned subsidiary of 

Koch Industries, Inc., Waynesboro, 

Virginia. The determination was issued 

on November 14, 2014 and the Notice of 

Determination was published in the 

Federal Register on December 10, 2014 

(79 FR 73339). 

Pursuant to 29 CFR 90.18(c) 

reconsideration may be granted under 

the following circumstances: 

(1) If it appears on the basis of facts 

not previously considered that the 

determination complained of was 

erroneous; 

(2) If it appears that the determination 

complained of was based on a mistake 

in the determination of facts not 

previously considered; or 

(3) If in the opinion of the Certifying 

Officer, a misinterpretation of facts or of 

the law justified reconsideration of the 

decision. 

The initial investigation resulted in a 

negative determination based on the 

findings that worker separations were 

unrelated to a shift in production to a 

foreign country or to imports by the 

subject firm or its customers. 

The request for reconsideration 

asserts that the workers at the subject 

firm have been impacted by a 

continuous transfer of production to 

foreign countries. 

The Department of Labor has carefully 

reviewed the request for reconsideration 

and the existing record, and has 

determined that the Department will 

conduct further investigation to 

determine if the workers meet the 

eligibility requirements of the Trade Act 

of 1974. 

Conclusion 

After careful review of the 

application, I conclude that the claim is 

of sufficient weight to justify 

reconsideration of the U.S. Department 

of Labor’s prior decision. The 

application is, therefore, granted. 

Signed at Washington, DC, this 15th day of 

January, 2015. 

Michael W. Jaffe, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2015–03269 Filed 2–17–15; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Notice of Determinations Regarding 

Eligibility To Apply for Worker 

Adjustment Assistance and Alternative 

Trade Adjustment Assistance 

In accordance with Section 223 of the 

Trade Act of 1974, as amended (19 

U.S.C. 2273) the Department of Labor 

herein presents summaries of 

determinations regarding eligibility to 

apply for trade adjustment assistance for 

workers (TA–W) number and alternative 

trade adjustment assistance (ATAA) by 

(TA–W) number issued during the 

period of January 5, 2015 through 

January 16, 2015. 

In order for an affirmative 

determination to be made for workers of 

a primary firm and a certification issued 

regarding eligibility to apply for worker 

adjustment assistance, each of the group 

eligibility requirements of Section 

222(a) of the Act must be met. 

I. Section (a)(2)(A) all of the following 

must be satisfied: 

A. A significant number or proportion 

of the workers in such workers’ firm, or 

an appropriate subdivision of the firm, 

have become totally or partially 

separated, or are threatened to become 

totally or partially separated; 

B. the sales or production, or both, of 

such firm or subdivision have decreased 

absolutely; and 

C. increased imports of articles like or 

directly competitive with articles 

produced by such firm or subdivision 

have contributed importantly to such 

workers’ separation or threat of 

separation and to the decline in sales or 

production of such firm or subdivision; 

or 

II. Section (a)(2)(B) both of the 

following must be satisfied: 

A. A significant number or proportion 

of the workers in such workers’ firm, or 

an appropriate subdivision of the firm, 

have become totally or partially 

separated, or are threatened to become 

totally or partially separated; 

B. there has been a shift in production 

by such workers’ firm or subdivision to 

a foreign country of articles like or 

directly competitive with articles which 

are produced by such firm or 

subdivision; and 

C. one of the following must be 

satisfied: 

1. The country to which the workers’ 

firm has shifted production of the 

articles is a party to a free trade 

agreement with the United States; 

2. the country to which the workers’ 

firm has shifted production of the 

articles to a beneficiary country under 

the Andean Trade Preference Act, 

African Growth and Opportunity Act, or 

the Caribbean Basin Economic Recovery 

Act; or 

3. there has been or is likely to be an 

increase in imports of articles that are 

like or directly competitive with articles 

which are or were produced by such 

firm or subdivision. 

Also, in order for an affirmative 

determination to be made for 

secondarily affected workers of a firm 

and a certification issued regarding 

eligibility to apply for worker 

adjustment assistance, each of the group 

eligibility requirements of Section 

222(b) of the Act must be met. 

(1) 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; 

(2) the workers’ firm (or subdivision) 

is a supplier or downstream producer to 

a firm (or subdivision) that employed a 

group of workers who received a 

certification of eligibility to apply for 

trade adjustment assistance benefits and 

such supply or production is related to 

the article that was the basis for such 

certification; and 

(3) either— 

(A) the workers’ firm is a supplier and 

the component parts it supplied for the 

firm (or subdivision) described in 

paragraph (2) accounted for at least 20 

percent of the production or sales of the 

workers’ firm; or 

(B) a loss or business by the workers’ 

firm with the firm (or subdivision) 

described in paragraph (2) contributed 

importantly to the workers’ separation 

or threat of separation. 

In order for the Division of Trade 

Adjustment Assistance to issue a 

certification of eligibility to apply for 

Alternative Trade Adjustment 

Assistance (ATAA) for older workers, 

the group eligibility requirements of 

Section 246(a)(3)(A)(ii) of the Trade Act 

must be met. 

1. Whether a significant number of 

workers in the workers’ firm are 50 

years of age or older. 


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