DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,475

AMES TRUE TEMPER, INC.
DAVISVILLE DISTRIBUTION CENTER
DAVISVILLE, WEST 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 eligi-
bility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on December 26, 2000, and filed on behalf of workers at
Ames True Temper, Inc., Davisville Distribution Center, Davisville,
West Virginia. The workers are engaged in activities related to
the distribution of lawn and garden tools.
The investigation revealed that the petitioners of Ames True
Temper, Inc., Davisville Distribution Center, Davisville, West
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 the subject facility 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 Ames
True Temper, Inc., Davisville Distribution Center, Davisville,
West Virginia, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 16th day of March, 2001.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance