DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-39,141

TEXTILE SALES AND REPAIR, INC.
GASTONIA, NORTH CAROLINA

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 April 30, 2001, and filed on behalf of workers and
former workers at Textile Sales and Repair, Inc., Gastonia, North
Carolina. The workers are engaged in activities related to selling
new and used parts for textile machinery, and used textile
machinery.
The investigation revealed that the workers of Textile Sales
and Repair, Inc., Gastonia, North Carolina, do not produce an
article within the meaning of Section 222(3) of the Act. The
Department of Labor has consistently determined that the perfor-

mance of services does not constitute production of an article, as
required by Section 222 of the Trade Act of 1974, and this determi-

nation has been upheld in the U. S. Court of Appeals.
Workers of 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.
A NAFTA petition relating to workers at the same facility was
denied in a determination signed April 23, 2001 (NAFTA 4692).
Conclusion
After careful review, I determine that all workers of Textile
Sales and Repair, Inc., Gastonia, North Carolina, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.

Signed in Washington, D. C. this 30th day of April 2001.


/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment
Assistance