DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,284

LONDON FOG INDUSTRIES
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 May 21, 2001 on behalf of workers at London Fog
Industries, New York, New York. The workers are engaged as
office workers and designers.
The investigation revealed that the petitioners of London
Fog Industries, New York, New York 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.









Therefore, workers of London Fog Industries, New York, New
York, 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. In any case, 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 London Fog Industries, New York, New York.
Conclusion
After careful review, I determine that all workers of London
Fog Industries, New York, New York who were engaged in providing
a service are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 14th day of August 2001.
/s/ Linda G. Poole


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