DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,915
TECHBOOKS
YORK, PENNSYLVANIA

Notice of Revised Determination
on Reconsideration

By application of May 7, 2003, a petitioner requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on March 31, 2003, based on the finding that
the petitioning workers did not produce an article within the
meaning of Section 222(3) of the Act. The denial notice was
published in the Federal Register on April 11, 2003 (68 FR
17831).
To support the request for reconsideration, the petitioner
supplied additional information to supplement that which was
gathered during the initial investigation. Upon further review,
including an examination of the materials provided by the
petitioner, it was established that the petitioning workers did
produce a product.
In addition, it was revealed that the company shifted pre-
press produced by the subject firm workers to a foreign source,
and shipped the product back to the United States during the
relevant period.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at TechBooks,
York, Pennsylvania, contributed importantly to the declines in
sales or production and to the total or partial separation of
workers at the subject firm. In accordance with the provisions
of the Act, I make the following certification:
"All workers of TechBooks, York, Pennsylvania, who became
totally or partially separated from employment on or after
February 11, 2002 through two years from the date of this
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."

Signed in Washington, D.C. this 11th day of July 2003.

/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,915
TECHBOOKS
YORK, PENNSYLVANIA

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), 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 February 19, 2003, in
response to a petition filed on behalf of workers of at TechBooks,
York, Pennsylvania. The subject firm workers are engaged in pre-
press work. The pre-press work is a function prior to the actual
publication of school text books.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222(c)(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.
Workers at the firm or subdivision 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
their firm by ownership, or a firm related by control. Addition-
ally, 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 this firm.
Conclusion
After careful review, I determine that all workers TechBooks,
York, Pennsylvania, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, as amended.
Signed in Washington, D. C. this 31st day of March 2003

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance