DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,622

DESCARTES SYSTEMS (USA) LLC
AN AFFILIATE OF THE DESCARTES SYSTEMS GROUP, INC.
ATLANTA, GEORGIA


Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade 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 August 19, 2003, in
response to a petition filed by the Georgia Department of Labor
on behalf of workers of Descartes Systems (USA) LLC, Atlanta,
Georgia. The workers are engaged in employment related to
providing electronic data interchange services.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222 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.
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 this firm.
In addition, in accordance with Section 246 the Trade Act
of 1974 (26 USC 2813), as amended, the Department of Labor
herein presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply for
TAA, they cannot be certified eligible for ATAA.


Conclusion
After careful review, I determine that all workers of
Descartes Systems (USA) LLC, Atlanta, Georgia are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
I further determine that all workers of Descartes Systems
(USA) LLC, Atlanta, Georgia are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D. C. this 4th day of September 2003.

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance