DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,588

BLISS CLEARING NIAGARA, INC.
FORMERLY DOING BUSINESS AS CNB INTERNATIONAL, INC.
HASTINGS, MICHIGAN


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 U.S. Department of Labor herein
presents the results of an investigation regarding certification
of eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met.
The investigation was initiated on January 14, 2002, in
response to a petition filed on behalf of workers at Bliss
Clearing Niagara, Inc., formerly doing business as CNB
International, Inc., Hastings, Michigan. The subject company is
a service company that repairs and rebuilds press machinery.
The investigation revealed that the petitioners of Bliss
Clearing Niagara, Inc. 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.
Currently, there is NAFTA-TAA petition investigation pending
for the workers at the subject company, NAFTA-5563.
Conclusion
After careful review, I determine that all workers of Bliss
Clearing Niagara, Inc., formerly doing business as CNB
International, Inc., Hastings, Michigan, are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 12th day of April 2002.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance