DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,463

SANTA'S BEST
LUBBOCK DISTRIBUTION CENTER
LUBBOCK, TEXAS

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 February 2, 2005, in
response to a petition filed by a company official on behalf of
workers of Santa's Best, Lubbock Distribution Center, Lubbock,
Texas. The workers warehoused and shipped imported Christmas
decorations (pre-lit artificial Christmas trees, lighted
products, beaded garland, ribbon, etc.) to customers.
The investigation revealed the Lubbock Distribution Center
receives imported Christmas decorations (pre-lit artificial
Christmas trees, lighted products, beaded garland, ribbon, etc.)
directly from foreign sources and then shipped the products to
customers. Furthermore, these products are not like any of the
products produced at their affiliated facilities.
The investigation also revealed that Santa's Best, Lubbock
Distribution Center, Lubbock, Texas, 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 distribution center does not
support a firm or appropriate subdivision that produces an
article domestically 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 of
Santa's Best, Lubbock Distribution Center, Lubbock, Texas 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 9th day of March, 2005.


/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance