DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,449

HASBRO MANUFACTURING SERVICES
EL PASO, TEXAS

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 eligi-
bility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on December 18, 2000, and filed on behalf of workers at
Hasbro Manufacturing Services, El Paso, Texas. The workers are
engaged in employment related to warehousing services.
The investigation revealed that the workers of Hasbro
Manufacturing Services, El Paso, Texas, 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.
The investigation further revealed that the workers were
certified on April 16, 1998, based on declining employment and
production and increased reliance on imported toys (TA-W-34,286).
That certification expired on April 16, 2000. Current subject firm
workers engaged in warehousing services do not qualify for any new
Trade Adjustment Assistance certification because no production has
been performed at the subject facility since June 1998.
Conclusion
After careful review, I determine that all workers of Hasbro
Manufacturing Services, El Paso, Texas, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D. C. this 23rd day of January, 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance