DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,587

NESS U.S.A., INC.
HACKENSACK, NEW JERSEY

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 March 25, 2004, in response
to a petition filed a state agency on behalf of workers at Ness
U.S.A., Inc., Hackensack, New Jersey. The workers in the
petitioning worker group were engaged in activities related to
administrative, technical, sales and marketing employees. The
business activities included programming, project management,
testing, web design, secretarial, sales and strategy.
The investigation revealed that Ness U.S.A., Inc., Hackensack,
New Jersey does not produce an article within the meaning of
Section 222(a)(2) of the Act. In order to be considered eligible
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, the worker group seeking certification (or on whose
behalf certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must be
a relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The petitioning
worker group seeking certification does not support a firm or
appropriate subdivision that produces an article and thus the
worker group can not be considered import impacted or affected by a
shift in production of an article.
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, the workers cannot
be certified eligible for ATAA.









Conclusion
After careful review, I determine that all workers Ness
U.S.A., Inc., Hackensack, New Jersey are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D. C. this 5th day of May, 2004.

/s/ Elliott S. Kushner

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