DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,012

COMMTOUCH INC.
MOUNTAIN VIEW, CALIFORNIA
39,012A
NEW YORK, NEW YORK
39,012B
MIAMI BEACH, FLORIDA

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 April 16, 2001, and filed on behalf of workers at
Commtouch Inc., Mountain View, California, New York, New York, and
Miami Beach, Florida. The workers at the subject firm provided e-
mail and other messaging solutions.
The investigation revealed that the workers of Commtouch Inc.,
Mountain View, California, New York, New York, and Miami Beach,
Florida, 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.
A petition for NAFTA Transitional Adjustment has been filed on
behalf of workers at the subject firm (NAFTA - 4774). A
determination on that petition will be made concurrently with this
decision.
Workers of Commtouch Inc., Mountain View, California, New
York, New York, and Miami Beach, Florida 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
Commtouch Inc., Mountain View, California, New York, New York, and
Miami Beach, Florida are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 10th day of May, 2001.
/s/ Linda G. Poole

______________________________
LINDA G. POOLE,
Certifying Officer, Division of
Trade Adjustment Assistance