DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,419

BIOMERIEUX, INC.
INSTRUMENT SERVICE DEPARTMENT
OKLAHOMA CITY, OKLAHOMA

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 April 29, 2002, in response
to a petition filed on behalf of workers in the Instrument Service
Department at bioMerieux, Oklahoma City, Oklahoma. BioMerieux is a
subsidiary of ABG Stella Acquisitions, Inc. The affected workers
were engaged in employment related to providing support services to
the firm's customers.
The investigation revealed that the workers of the subject
firm did not produce an article within the meaning of Section
222(3) of the Trade Act, as amended. 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 support
services at the facility.
Conclusion
After careful review, I determine that all workers in the
Instrument Service Department of bioMerieux, Oklahoma City,
Oklahoma are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 1st day of July 2002.



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