DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,306
TEMCO ACQUISITION, INC.
HIBBING, MINNESOTA

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 and filed on behalf of workers at Temco
Acquisition, Inc., Hibbing, Minnesota.
The workers provided machining services for the mining
industry.
The investigation revealed that the petitioners of Temco
Acquisition, Inc., Hibbing, Minnesota 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 Temco Acquisition, Inc., Hibbing,
Minnesota, 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 Temco
Acquisition, Inc., Hibbing, Minnesota.
Conclusion
After careful review, I determine that all workers of River
Temco Acquisition, Inc., Hibbing, Minnesota 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 9th day of May, 2002
/s/ Linda G. Poole
___________________________

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