DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,282

GATEWAY COUNTRY STORES LLC
ASHVILLE, NORTH CAROLINA

Notice of Negative Determination
Regarding Application for Reconsideration

By application postmarked May 17, 2003, a petitioner
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice applicable to workers of
Gateway Country Store LLC, Ashville, North Carolina was signed on
April 29, 2003, and published in the Federal Register on April
24, 2003 (68 FR 20177).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition was filed on behalf of workers at Gateway
Country Store LLC, Ashville, North Carolina engaged in activities
related to computer sales and related retail services. The
petition was denied because the petitioning workers did not
produce an article within the meaning of Section 222(3) of the
Act.
The petitioner asserts that the main competition for the
Gateway computers sold by the petitioning worker group is a
company that produces computers in China. Apparently, the
allegation appears to be that this competition is affecting the
downturn in production of Gateway computers, and consequently
leading to layoffs of the retail workers selling these products.
In order to be eligible for trade adjustment assistance, the
subject firm workers must produce an article within the meaning
of Section 222 of the Trade Act. Workers of Gateway Country
Store LLC, Ashville, North Carolina do not produce an article and
thus do not meet the eligibility requirements for TAA.
Only in very limited instances are service workers certified
for TAA, namely the worker separations must be caused by a
reduced demand for their services from a parent or controlling
firm or subdivision whose workers produce an article and who are
currently under certification for TAA.


Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed at Washington, D.C., this 13th day of June, 2003.
/s/ Elliott S. Kushner

___________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance