DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,164

BRITAX HEATH TECHNA, INC.
AIRCRAFT INTERIOR SYSTEMS
BELLINGHAM, WASHINGTON

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 March 25, 2002, and filed on behalf of workers at
Britax Heath Techna, Inc., Bellingham, Washington. The workers are
engaged in activities related to various commercial aircraft
retrofit interior components and services.
The investigation revealed that the petitioners of Britax
Heath Techna, Inc., Bellingham, Washington, 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.



Therefore, workers of Britax Heath Techna, Inc., Bellingham,
Washington, 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 Britax Heath
Techna, Inc., Bellingham, Washington.
Currently, the workers are under an existing investigation for
NAFTA-Transitional Adjustment Assistance. The identifying number
is NAFTA-5918.
Conclusion
After careful review, I determine that all workers of Britax
Heath Techna, Inc., Bellingham, Washington, 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 22nd day of April, 2002.
/s/ Linda G. Poole
____________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance