DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,824

JAMES MORTON INC.
CURRENTLY KNOWN AS BESSEY TOOLS INC.
BATAVIA, NEW YORK

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 34, 2005, in
response to a petition filed on behalf of workers of James
Morton Tools Inc., currently known as Bessey Tools Inc.,
Batavia, New York. The workers performed support activities for
the sale and distribution of clamps.
The investigation revealed that the clamps produced by
this firm are not manufactured in the United States. 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 domestically and there must be a
relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The
administrative workers described above do 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 James
Morton Tools Inc., currently known as Bessey Tools Inc.,
Batavia, New York, 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 27th day of April 2005.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance