Denied
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TAW-39408  /  Alcoa Fujikura Ltd (El Paso, TX)

Petitioner Type: Company
Impact Date:
Filed Date: 06/11/2001
Most Recent Update: 07/23/2001
Determination Date: 07/23/2001
Expiration Date:


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,408
ALCOA FUJIKURA LTD.
EL PASO, TEXAS

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 June 11, 2001 and filed on behalf of workers at Alcoa
Fujikura Ltd., El Paso, Texas. The subject firm is a joint
venture of Alcoa Inc. and Fujikura of Toyko, Japan. The workers
performed administrative and warehousing services in support of
manufacturing of electrical distribution systems for the
automotive industry at the company's facility in Juarez, Mexico.
The investigation revealed that the workers of Alcoa
Fujikura Ltd., El Paso, Texas 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.
Workers of Alcoa Fujikura Ltd. 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 Alcoa
Fujikura Ltd., El Paso, Texas are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 23rd day of July, 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance