DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-38,122
EQUITABLE PRODUCTION
KINGSPORT, TENNESSEE

TA-W-38,122A

EQUITABLE PRODUCTION
NORA, VIRGINIA

TA-W-38,122B

EQUITABLE PRODUCTION
BIG STONE GAP, VIRGINIA

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on September 25, 2000 and filed on behalf of workers at
Equitable Production, Kingsport, Tennessee, Nora, Virginia and Big
Stone Gap, Virginia. The petitioners were engaged in support
functions such as office and technical staff.
The investigation revealed that the petitioners of Equitable
Production, Kingsport, Tennessee, Nora, Virginia and Big Stone
Gap, Virginia do not produce an article within the meaning of
Section 222(3) of the Act. The Department of Labor has
consistently determined that the performance of services does not
constitute production of an article, as required by Section 222
of the Trade Act of 1974, and this determination has been upheld
in the U. S. Court of Appeals.

Workers of Equitable Production, Kingsport, Tennessee, Nora,
Virginia and Big Stone Gap, Virginia may be certified only if
their separation was caused importantly by a reduced demand for
their services from a parent firm, a firm otherwise related to
the subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject firm.
Conclusion
After careful review, I determine that workers of Equitable
Production, Kingsport, Tennessee, Nora, Virginia and Big Stone
Gap, Virginia are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 13th day of October, 2000.
/s/ Linda G. Poole

LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance