DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,582

DALIL FASHIONS, INCORPORATED
EDISON, NEW JERSEY

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 January 29, 2001 and filed on behalf of workers at
Dalil Fashions, Inc., Edison, New Jersey. The workers were engaged
in the receiving and distribution of ladies apparel.
The investigation revealed that the workers of Dalil Fashions,
Inc., Edison, New Jersey, do not produce an article within the
meaning of Section 223(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 Dalil Fashions, Inc. 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 Dalil
Fashions, Inc., Edison, New Jersey, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.

Signed in Washington, D. C. this 11th day of June 2001.

/s/ Edward A. Tomchick

_____________________________
EDWARD A. TOMCHICK
Certifying Officer, Division of
Trade Adjustment Assistance