Petitioner Type: Workers
Impact Date:
Filed Date: 02/20/2004
Most Recent Update: 03/26/2004
Determination Date: 03/26/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,316
OPTOPLAST USA INC
PITTSBURGH, 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 20, 2004 in
response to a petition filed on behalf of workers of Optoplast
USA Inc., Pittsburgh, Pennsylvania. The workers provided
storage, shipping, and receiving of eyeglass cases for the
subject company.
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.
Conclusion
After careful review, I determine that all workers of
Optoplast USA Inc., Pittsburgh, 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 26th day of March, 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance