DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,732

APL LOGISTICS
THOMSON CONSUMER ELECTRONICS
SOCORRO, TEXAS

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 24, 2002, in
response to a petition filed on behalf of workers at APL
Logistics, Socorro, Texas. The affected workers are engaged in
providing warehousing and quality control services.
The investigation revealed that the petitioning group of
workers do 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.
The petitioning workers 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 APL Logistics,
Socorro, Texas.
Conclusion
After careful review, I determine that all workers of APL
Logistics, Socorro, Texas, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 23rd day of October 2002.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance