DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,809

CASCADE GENERAL INC.
PORTLAND, OREGON

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 on March 19, 2001, in
response to a petition filed on behalf of workers of Cascade
General Inc., Portland, Oregon. The affected workers were
engaged in employment related to providing ship repair services.
The investigation revealed that the workers of the subject
firm did not produce an article within the meaning of Section
223(3) of the Trade Act of 1974. The Department of Labor has
consistently determined that the performance of services does not
constitute production of an article, as required by the Trade Act
of 1974, and this determination has been upheld in the U. S.
Court of Appeals.


Workers of the subject facility 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 performing ship repair
services at the subject facility.
Part of the services rendered included production of
specific ship parts. However, the nature of this production was
tailored to unique ship requirements and was not subject to
recurring demand; thus this production was not impacted by import
competition.
Conclusion
After careful review, I determine that all workers at
Cascade General Inc., Portland, Oregon, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 27th day of February 2002.


/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance