DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,155

FIERA, INC.
MIAMI, 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 30, 2001, and filed on behalf of workers at
Fiera, Inc., Miami, Florida. The workers are engaged in
employment related to eCommerce sales services to the general
public and do not produce an article.
The investigation revealed that the workers of Fiera, Inc.,
Miami, 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, 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.
Conclusion
After careful review, I determine that all workers of Fiera,
Inc., Miami, Florida, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 8th day of June, 2001.

/s/ Edward A. Tomchick

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