DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,090

YKK, (USA) INC.
DIVISION OF YKK CORPORATION OF AMERICA
EL PASO, 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 November 15, 2002, in
response to a petition filed on behalf of workers of YKK (USA)
Inc., a division of YKK Corporation of America, El Paso, Texas.
The affected workers were engaged in employment related to the
warehousing and the sale of zippers, chains and sliders to the
customers of YKK Corporation of America.


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 in the distribution
center at the subject firm.
Conclusion
After careful review, I determine that all workers at YKK
(USA) Inc., a division of YKK Corporation of America, El Paso,
Texas are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 5th day of December, 2002.


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