DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,625

INSYSTEM TECHNOLOGIES LTD.
ROANOKE, VIRGINIA

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 June 17, 2002 in response
to a petition filed on behalf of workers at Insystems Technologies
LTD, Roanoke, Virginia. The affected workers were engaged in
employment related to the development of inter portal software and
related services for financial service firms.
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 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 information
technology services at the subject firm.
Conclusion
After careful review, I determine that all workers at
Insystems Technologies LTD., Roanoke, Virginia, 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 August 2002

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance