DuPont/Invista

September 22, 2004 INVISTA 　　　　　　　　　　　　　　　　　　letter of intent

INVISTA Expansion -- First Under New Ownership -- Further Strengthens Company's Position as World's Leading Spandex Producer
http://www.invista.com/news/2004/pr_040910_guangdong.shtml

First Capital Project under New Ownership Doubles Capacity to Meet Growing Local Needs

Today, INVISTA announced that its Board of Directors has approved a new production facility in Foshan, Guangdong, Province of China. This expansion will continue to position the company as the world's largest producer of branded and generic spandex in the world.

"This is the first expansion under our new ownership," said Bill Ghitis, president of Global Apparel for the global fibers, polymers and intermediates company. "This significant project will improve our productivity and profitability and positions us for future growth of our core spandex business. And it will help us fill the escalating local demand for quality spandex and LYCRA(R) branded apparel in China -- offering products specifically designed for local producers."

The planned expansion, using state of the art technology, will increase spandex capacity initially by 12 kilotons with potential for doubling to a 24 kiloton expansion in the next year. The US $100 million dollar plus project is expected to be complete in mid-2006. Construction will begin this fall as soon as all commercial agreements with local entities are in place.

Ghitis added that the new facility represents the largest scale capital project initiated in the Guangdong Province and in Foshan, creating more than 100 new jobs for the area.

"This expansion is a strong indication of our continued commitment to our core business and our flagship brand LYCRA(R)." Ghitis said. "We intend to reinforce our leadership position here in Asia and support the growth of our local partners here just as we do in other developed or developing markets around the world."

"We have been active leaders in Asia for several years now, with production, sales offices and marketing programs. Our LYCRA(R) brand is already recognized and preferred by female consumers in major cities in China. Our 2004 brand investment here is more than twice that of previous years, targeting areas beyond Beijing and Shanghai. As the market for spandex continues to expand you can count on Invista to make the necessary investments to support customers around the world."

INVISTA currently has 32 manufacturing sites worldwide -- nine of which are in Asia -- as well as 20 sales locations, and research and development facilities in Taiwan, Shanghai and Singapore.

INVISTA is an integrated polymers, intermediates, and fibers business with a global presence in more than 30 countries. It operates six major businesses: Apparel; Performance Fibers; Interiors; Intermediates; Polymer and Resins; and Textile Fibers. INVISTA delivers exceptional value for its customers through market insights and technology innovations, along with a powerful portfolio of the most recognized global brands and trademarks in the fibers, apparel, and interiors industries, including: LYCRA(R), STAINMASTER(R), ANTRON(R), COOLMAX(R), THERMOLITE(R), CORDURA(R), SUPPLEX(R), TACTEL(R), Polarguard(R), ESP(R), and Avora(R)FR, and in the specialty chemicals business: CORFREE(R), DYTEK(R), ADI-Pure(R), Terate(R) Polyols, and TERATHANE(R). More information on INVISTA can be found at www.INVISTA.com.

Koch Industries, Inc. is a privately held company based in Wichita, Kansas that owns a diverse group of companies engaged in trading, operations and investments worldwide. These companies operate in more than 50 countries in core industries such as trading, petroleum, chemicals, natural gas, gas liquids, asphalt, fibers and intermediates, minerals, fertilizers, pulp and paper, chemical technology equipment, ranching, securities and finance, as well as in other ventures and investments.

2005/08/25　丸紅/インビスタ

インビスタ、丸紅と高機能素材の世界発信で合意
http://release.nikkei.co.jp/detail.cfm?relID=108716&lindID=2

丸紅株式会社・インビスタ　ジャパン株式会社　共同展示会 「COOL ASIA（クール　アジア）」
Functional material from Asian Factories in Tokyo
丸紅のネットワークを通じて、インビスタの高機能素材をアジアから世界にダイナミックに発信

　高機能素材を海外で安心して調達したいというニーズに応えるため、アジアを注視するインビスタ社は、繊維とファブリックを衣料に結びつけるダイナミックな活動を展開する丸紅株式会社と、「丸紅の海外ネットワークを通じて、インビスタの高機能素材をアジアから世界にダイナミックに発信する」ことで合意しました。

　この画期的なシステムを日本市場にご紹介するため、２００５年８月２５日（木）、２６日（金）、共同展示会を開催いたします。

　丸紅はインビスタの明確に差別化されている高機能素材を重視、インビスタは丸紅の複合機能に注目し、コラボレーションが図られ、インビスタにとって、国内消費と輸入の両面で重要な市場である日本において、日本の潜在顧客を対象に、ファブリックとアパレル製品の共同展示会を行うことになりました。

　丸紅の繊維部門は、２００４年をターニングポイントの年と位置づけ、これまで鍛えた複合機能を発揮して業容の再拡大に転じました。中でも、中国での素材・製品一貫取引拡大、中国主要都市での物流加工現地化によるコスト低減や円滑な調達体制の確立に取り組んでいます。

　一方、世界最大級のグローバルなポリマー・中間体・繊維総合企業のインビスタは独自の「マーケットバック」アプローチによって、常に消費者のニーズを把握し、パートナーや顧客とともに密に協力、消費者のニーズに合わせた新しい製品やサービスの開発に取り組んでいます。ライクラ（Ｒ）、クールマックス（Ｒ）、タクテル（Ｒ）などの世界的に認知の高いブランドと商標をそろえた強力な製品ポートフォリオと、市場への洞察力および技術革新を通して、卓越した価値を提供しています。

　今回、インビスタは、最新のライクラ（Ｒ）、クールマックス（Ｒ）、タクテル（Ｒ）、テフロン（Ｒ）製品を使用した新しいコンセプトを持つファブリックやアパレル製品をご紹介いたします。

2006/6/28 INVISTA

INVISTA to build state-of-the-art nylon 6,6 yarns plant in Shanghai
Leading integrated fibers and polymers company will become the only supplier with automotive airbag fibers production in three major continents

INVISTA, the world's leading integrated fibers and polymers producer, will build a major manufacturing facility to produce nylon 6,6 yarns in the Shanghai area of the People's Republic of China. The new plant, with annual capacity of 11 kilotons, is expected to commence construction later this year.

The facility will manufacture state-of-the-art, super high tenacity nylon 6,6 yarns for use in differentiated industrial textile applications, with major focus in the automotive airbag industry.

This investment, the first of its kind by a global supplier of airbag fibers, will make INVISTA the only company to have such capability in Europe, North America and Asia.

Daniel J. Stone, Vice President Performance Fibers Nylon at INVISTA, stated, "We are very excited about this investment which signals our commitment to global leadership in the performance fibers area. Our ability to supply global automotive manufacturers with essentially identical products in each region of the globe will help them localize their own supply chains more efficiently. We will be making a full range of materials for airbags in this plant, including our most modern high tenacity low decitex per filament family of products."

The new manufacturing plant will use the same technology base as plants in Gloucester, U.K. and Kingston, Canada, giving INVISTA the capability of producing the same types of advanced technical yarn in each major region of the world meeting the needs of global platforms, as well as specialized products tailored to local needs.

The announcement follows expansions at INVISTA's Kingston facility of 5.5 kilotons in April this year, and at its Gloucester site of 3.2 kilotons in January 2005.

Commercial production of the plant is scheduled for the first quarter of 2008. Shanghai was chosen because of its proximity to major automotive supply chains and possible synergies with other INVISTA facilities in the area.

2006/10/30 インビスタ

インビスタ、ハネウェルから上海工場などアジア太平洋地域のナイロン６事業を取得
インビスタ、アジア太平洋地域におけるナイロン６事業を取得

　インビスタは本日、ハネウェルとの間に、アジア太平洋地域における同社のナイロン６ＢＣＦ（かさ高長繊維）事業の資産を取得する旨の最終的な合意に達したと発表しました。この資産にはハネウェルの上海工場が含まれており、取得は中国国内の完全な外国資本の企業を通じて行われます。この契約に係る取引の完了は、当局の許可と通常の取引においても含まれている一般的な条件が満足されることを条件として、２００７年初頭を予定しています。

　取得対象に含まれる中国上海工場では白色可染糸や原着のナイロン６ＢＣＦの製造設備以外に、エアー混合糸、撚糸、ヒートセット糸を製造する加工設備も含んでいます。

　インビスタ　インテリア事業の責任者であるアラン・ウォーク社長は、次のように述べています。「現在のアントロン(Ｒ)カーペット用繊維とステインマスター(Ｒ)カーペットに加え、現地で生産されるＢＣＦを提供することで、アジア太平洋地域の生産工場のお客様や消費者の要求により一層お応えすることが今回の目的です。この事業を取得する目的に表れているように、インビスタはこの事業が大きな価値を生み出すものであると確信しています。本件取引が完了した暁には、インビスタの強みを生かし、また、その経営資源や能力を応用することによってこの事業がさらに成長することと期待しています。また、上海の工場はアジア太平洋地域におけるインビスタのナイロン６６事業拡大の優れた基盤となるでしょう」

　インビスタはタイプ６ナイロンＢＣＦの生産と販売を、アジア太平洋地域での事業に組み入れる計画です。これは、地域内の業務用、住宅用、輸送用、敷物といった分野のお客様に、インビスタブランドに基づき差別化された、またはノーブランドのナイロンＢＣＦによる包括的な製品ポートフォリオを提供するものです。

　インビスタ　インテリアのアジア太平洋地域担当副社長であるディリップ・クマーは、次のように述べています。「インビスタは事業を成長させ、お客様に最高の価値ある提案を行える方法を常に模索しています。アジア太平洋地域での製品ラインにナイロン６ＢＣＦが加わることにより、今までにも増して、お客様がその最終的な用途ごとに最適な製品を選択できるようになりました。」

　さらにアラン・ウォークは次のように述べています。「成長を目指すインビスタの取り組みは明らかです。中国やその他のアジア太平洋地域、さらには世界中からの需要拡大にお応えできるよう、多大なエネルギーを注ぎ、より多くの機会を探っていきます」

　インビスタは現在、シンガポール、台湾、中国をはじめとして、アジア太平洋地域に１２カ所の製造施設を（自社および合弁により）所有・運営し、さまざまな製品を生産しています。アントロン(Ｒ)はアジア太平洋地域で日本、中国、タイ、韓国、オーストラリア、ニュージーランドの大手企業が製造する高機能業務用カーペットの代表的な存在となっています。また、オーストラリアとニュージーランドでは、ステイン　マスター(Ｒ)ブランドを通じて住宅向け市場での大きなシェアを確保しています。

March 26, 2008 Invista

Invisata files lawsuit seeking damages in excess of $800 million from DuPont

INVISTA filed a lawsuit in federal court here today seeking damages and a court order requiring DuPont to fulfill its contractual obligations arising from safety and environmental noncompliance while DuPont owned certain INVISTA sites.

The lawsuit describes widespread and substantial noncompliance that occurred at the manufacturing facilities during DuPont's ownership and seeks compensatory damages in excess of $800 million, plus punitive damages.

"This lawsuit describes DuPont's compliance failures as an owner of these facilities," said Mary Beth Jarvis, INVISTA spokesperson. "DuPont failed to comply with environmental and health and safety laws and regulations, meet permit obligations, and take other actions to protect its employees, the community and the environment prior to selling these assets. What INVISTA has spent since acquiring the facilities and what remains to be spent to remedy DuPont's noncompliance far exceeds the 'tens of millions of dollars' DuPont claims to have spent on the assets prior to the sale," said Jarvis.

As outlined in the lawsuit, INVISTA has spent approximately $140 million to uncover, report, and correct DuPont's safety and environmental violations. Additional capital expenditures currently estimated in the range of $300 million to $450 million will be required in a nearly final agreement between INVISTA and U.S. federal and state authorities which will require the installation of pollution control systems at the former DuPont facilities in the United States. These required projects will also increase future annual operating costs at the facilities, and those increased costs are included in the claim. Former DuPont plants outside the United States also require additional capital expenditures to correct DuPont's noncompliance.

INVISTA is also seeking punitive damages from DuPont because DuPont knew of several of the more dangerous safety and environmental violations, knew those violations placed its employees and the public at risk, took no action to rectify them, and failed to disclose them to INVISTA.

As specified in the April 30, 2004, purchase and sale agreement, DuPont is responsible for costs associated with correcting noncompliance that existed while it owned these sites. The lawsuit describes more than three years of DuPont consistently refusing to fulfill these obligations.

"DuPont repeatedly provided INVISTA assurances that its safety and environmental commitment was second to none - consistent with how it positions itself to the marketplace as a 'global leader' with respect to environmental and safety issues. We relied on those assurances, backed up by DuPont's promise in the purchase and sale agreement to take responsibility for any pre-existing noncompliance discovered after closing," said Jarvis.

Less than a month after taking ownership of the former DuPont facilities, INVISTA discovered significant environmental noncompliance at the plants. "INVISTA moved quickly to address these violations and protect employees, the public, and the environment. We promptly reported the noncompliance to regulators, discontinued unsafe practices, and took noncompliant equipment out of service," Jarvis said.

Working with appropriate authorities, INVISTA engaged independent auditors to investigate the former DuPont sites. As described in the lawsuit, widespread noncompliance was discovered. "INVISTA communicated frequently with regulatory agencies and DuPont as problems were found and addressed," said Jarvis. "In addition, INVISTA has worked with authorities on plans to remedy remaining items, which will involve large capital projects that regulatory agencies must oversee."

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2008/3/26 Bloomberg

DuPont Sued Over Polluting Plants Sold to Invista

DuPont Co., the third-largest U.S. chemical maker, was sued for $800 million by Koch Industries Inc.'s Invista unit, which claims factories it bought from DuPont in 2004 didn't comply with environmental regulations.

Fourteen of DuPont's former plants in the U.S., Canada, the U.K., the Netherlands and Brazil are out of compliance with pollution and safety laws and require remediation, Invista claimed today in a complaint filed in Manhattan federal court. Invista, a nylon maker, also is seeking punitive damages.

Koch paid $4.2 billion for DuPont's nylon fibers business in June 2004. Less than a month later, Invista learned that two Texas plants were violating clean-air rules regarding benzene emissions, according to the suit. A subsequent audit of 50 acquired manufacturing sites found 687 instances of noncompliance, Invista said.

``This claim is really a last resort after trying for more than three years to get DuPont to live up to its responsibilities,'' Invista spokeswoman Mary Beth Jarvis said.

DuPont is obligated under its sale agreement to pay the cost of bringing its plants into compliance with applicable laws, according to the complaint. Closely held Koch Industries is based in Wichita, Kansas.

DuPont General Counsel Stacey J. Mobley said Invista appears to be trying to use a contract dispute to pay for capacity expansions and other capital projects.

`Allegations Lack Merit'
``Invista's allegations lack merit and cannot be supported by evidence or the law,'' Mobley said in an e-mailed statement. ``DuPont intends to vigorously defend itself against Invista's grossly exaggerated and misguided allegations, and is confident that it will be vindicated when all of the evidence is examined in a court of law.''

Invista has spent about $140 million to investigate and remediate problems at DuPont's former plants, Jarvis said. The company said it expects to spend as much as $450 million more to address the U.S. plants' violations under a consent degree with the Environmental Protection Agency and the Justice Department. Costs to bring factories outside the U.S. into safety and environmental compliance are uncertain, Jarvis said.

Texas Plants
Invista started its investigation after it found a benzene treatment plant in Victoria, Texas, had been operating illegally since 2000, and a chemical-making plant in Orange, Texas, had been venting benzene directly into the atmosphere since 1992, according to the claim.

Other environmental and safety problems were found at factories in Camden, South Carolina; Seaford, Delaware; Chattanooga, Tennessee; Waynesboro, Virginia; LaPorte, Texas; Maitland and Kingston, Ontario; Wilton, Gloucester and Maydown, U.K.; Dordrecht, the Netherlands; and Paulinia, Brazil, according to the complaint.

2008/8/18 Invista

INVISTA sues RHODIA and DUPONT for conspiracy, theft of trade secrets
Suit addresses misappropriation of INVISTA trade secrets, unlawful competition in nylon chemicals market

In federal court here Friday, INVISTA sued Rhodia and DuPont alleging they are teaming up to misappropriate INVISTA’s world-leading adiponitrile (ADN) technology and are unlawfully using INVISTA’s trade secrets to expand in the nylon chemicals business.

“Our proprietary ADN technology is an enormously valuable trade secret, and INVISTA takes protecting its trade secrets and other intellectual property very seriously,” said Mary Beth Jarvis, INVISTA spokesperson.

“This suit was necessary to stop Rhodia and DuPont from unlawfully using INVISTA’s intellectual property to build an ADN manufacturing plant in Asia or elsewhere. We’re asking the court to put an end to Rhodia’s and DuPont's misconduct and award damages for the harm they have caused,” Jarvis said.

The INVISTA trade secrets at issue relate to its proprietary process for producing adiponitrile, a critical intermediate chemical used in the manufacture of nylon 6,6. INVISTA bought the original technology several years ago from DuPont as part of a $4.2 billion transaction and has built upon that technology to earn a world-leading position in the manufacture of ADN, Jarvis said.

When it sold the technology to INVISTA, DuPont signed an agreement prohibiting it from competing against INVISTA or making investments in competitors for an agreed-upon period, which has yet to expire. As explained in the lawsuit, Rhodia obtained unlawful access to the trade secrets through a France-based joint venture between affiliates of INVISTA and Rhodia.

Public statements by Rhodia and DuPont indicate that Rhodia is using INVISTA’s trade secrets to develop and operate an adiponitrile (ADN) manufacturing facility in Asia. DuPont recently disclosed that it is an investor in Rhodia’s ADN expansion plans.

The lawsuit seeks preliminary and permanent injunctive relief preventing Rhodia and DuPont from using and disclosing INVISTA trade secret information in developing their own plant or using that trade secret information to compete unfairly in the marketplace. It also asserts claims for damages for violations of various sections of the Lanham Act, misappropriation and misuse of trade secrets, breach of various contracts between DuPont and INVISTA, conversion, tortious interference with contracts, and conspiracy.

　　参考　2008/4/2　Invista、DuPontに8億ドル以上の損害賠償請求

April 13, 2009 Invista

INVISTA, AGENCIES FILE AGREEMENT
Resolves Noncompliance Dating Back to DuPont ownership of INVISTA sites

An agreement lodged in federal court here today between INVISTA S.à r.l., the U.S. Environmental Protection Agency, the Department of Justice and other regulatory authorities resolves violations of environmental requirements dating back to when DuPont owned and operated certain facilities now operated by INVISTA.

INVISTA identified and disclosed more than 680 violations at 12 former DuPont sites in seven states shortly after taking ownership and in the following months as it performed comprehensive environmental audits under the U.S. EPA’s audit policy.

INVISTA already has corrected the vast majority of the audit findings settled by the agreement. For approximately 50 remaining findings, the agreement outlines required actions, including installing additional environmental controls at plants in Chattanooga, Tenn.; Seaford, Del.; Camden, S.C.; and Orange and Victoria, Texas.

INVISTA’s investment in these corrective actions is estimated to total up to $500 million and result in emissions reductions of nearly 10,000 tons per year.

“This agreement affirms the work we have already done to improve environmental compliance at these plants and enables us, as a new owner, to finish correcting the prior owner’s noncompliance,” said David Dotson, INVISTA’s senior vice president for operations. “We are pleased to have a clear path forward to closing out these legacy issues.”

Shortly after taking ownership of the facilities from DuPont in 2004, INVISTA discovered significant and widespread environmental noncompliance at certain plants. Faced with these serious issues, INVISTA acted responsibly and moved promptly to identify and disclose violations to regulators and systematically correct them to ensure compliance and protect employees, the public and the environment.

“We discontinued unsafe practices and took noncompliant equipment out of service, spending millions of dollars to fix equipment and ensure employees and the community were protected,” said Dotson.

Under a Corporate Audit Agreement with the U.S. EPA, INVISTA was required to investigate thoroughly the 12 newly-acquired facilities and disclose to the agency all discovered noncompliance. INVISTA used independent auditors to conduct more than 40 audits covering multiple regulatory disciplines.

The remaining DuPont-era noncompliance pertains to significant Clean Air Act programs, and corrective actions include complex remedies and large capital projects. They are subject to mandated deadlines and technical criteria that will be overseen by appropriate state and federal regulatory agencies.

“We worked diligently with EPA and other agencies to ensure safety and compliance at the sites while working to finalize this agreement. We maintain that commitment to safe, environmentally sound operations, now with an added focus on executing our responsibilities under the agreement,” said Dotson.

The U.S. EPA encourages new owners to audit acquired facilities and recently adopted a new, tailored approach for new owners within its corporate audit policy. With this agreement, U.S. EPA assessed a $1.7 million economic benefit penalty. It is designed to offset any potential economic benefit a new owner may realize in potential savings on operations and maintenance from the time of acquisition until the required controls are installed.

As specified in the agreement by which DuPont sold these assets to INVISTA, DuPont is responsible for costs associated with correcting its noncompliance.

In March 2008, INVISTA filed a lawsuit in federal court in New York seeking damages and a court order requiring DuPont to fulfill its contractual obligations. The lawsuit seeks compensatory damages in excess of $800 million, plus punitive damages because DuPont knew of several safety and environmental violations that placed its employees and the public at risk, but took no action to rectify them or disclose them to INVISTA. On March 30, 2009, the court denied DuPont’s motion to dismiss this lawsuit, allowing all elements of the case to continue, including INVISTA’s pursuit of punitive damages.

2008/4/2　Invista、DuPontに8億ドル以上の損害賠償請求