DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,466

WSGM HOLDINGS LLC
D/B/A MELTON INDUSTRIAL TRUCK
BURLINGTON, NORTH CAROLINA

Negative Determinations 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 17, 2004, in
response to a petition filed by a state agency representative on
behalf of workers of WSGM Holdings, LLC, d/b/a Melton Industrial
Truck, Burlington, North Carolina. The workers at the subject firm
are engaged in the full service distributing of material handling
equipment. Specifically workers distribute, sell, and service
domestic-manufactured forklifts and other equipment.
The investigation revealed that WSGM Holdings, LLC, d/b/a
Melton Industrial Truck, Burlington, North Carolina 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 workers engaged in the distribution,
selling, and servicing of domestic-manufactured forklifts and other
equipment do not support a firm or appropriate subdivision that
produces an article domestically that is trade effected 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 of the facts obtained in this
investigation, I determine that all workers of WSGM Holdings, LLC,
d/b/a Melton Industrial Truck, Burlington, North Carolina 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 26th day of August 2004.

/s/ Linda G. Poole


______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance