DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,309
VIROGENETICS CORPORATION
TROY, NEW YORK

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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 November 13, 2000, and filed on behalf of workers and
former workers at Virogenetics Corporation, Troy, New York. The
workers were engaged in vaccine research.
The investigation revealed that the workers of Virogenetics
Corporation, Troy, New York, 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 the subject firm 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 all workers of
Virogenetics Corporation, Troy, New York, are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 4th day of January, 2001

/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance