DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,847

BRUNSWICK FOREIGN TRADE ZONE, INC.
BRUNSWICK, GEORGIA


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 February 25, 2002 in
response to a petition filed by a company official on behalf of
workers at Brunswick Foreign Trade Zone, Inc., Brunswick,
Georgia.
The investigation revealed that the subject company rents
out warehouse facilities and land to other businesses.
The investigation revealed that the petitioners of Brunswick
Foreign Trade Zone 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 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 a NAFTA-TAA petition pending for the
workers at the subject company, NAFTA-5779.
Conclusion
After careful review, I determine that all workers of
Brunswick Foreign Trade Zone, Inc., Brunswick, Georgia, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 25th day of March 2002.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance