Petitioner Type: Workers
Impact Date:
Filed Date: 12/26/2000
Most Recent Update: 01/19/2001
Determination Date: 01/19/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,488
CONE DECORATIVE FABRICS
NEW YORK, NEW YORK
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 December 26, 2000 and filed on behalf of workers at
Cone Decorative Fabrics, New York, New York. The workers were
engaged in managerial, creative and administrative support.
The investigation revealed that the workers of Cone
Decorative Fabrics, New York, 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.
Signed in Washington, D. C. this 19th day of January, 2001.
/s Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance