DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,876

AMERICAN WOOD MOULDING, LLC
EL PASO, TEXAS

Notice of Negative Determination
Regarding Application for Reconsideration

By application of May 18, 2005, petitioners requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of the
subject firm. The denial notice was signed on April 13, 2005,
and published in the Federal Register on May 16, 2005 (70 FR
25859).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The petition for the workers of American Wood Moulding, LLC,
El Paso, Texas engaged in distribution of wood products was
denied because the petitioning workers did not produce an article
within the meaning of Section 222 of the Act.
The petitioner contends that the Department erred in its
interpretation of work performed at the subject facility as a
service and further conveys that workers of the subject company
converted wood products to customer specifications. He further
states that because moulding was cut into various length to meet
customer requests at the subject facility, workers of the subject
firm should be considered engaged in production.
A company official was contacted for clarification in regard
to the nature of the work performed at the subject facility. The
official stated that the subject firm is strictly a distribution
and warehousing facility. The official further clarified that
workers of the subject firm do not produce an item, but only
occasionally cut finished wood moulding into different lengths as
requested by customers. He also stated that by cutting the
moulding, workers do not add value or transform the finished
moulding into a new and different product, and perform cutting
for the retail purposes in the distribution stage.
The sophistication of the work involved is not an issue in
ascertaining whether the petitioning workers are eligible for
trade adjustment assistance, but rather only whether they
produced an article within the meaning of section 222 of the
Trade Act of 1974.
Cutting finished products from bulk form into various length
as requested by customers in the distribution or retail stage is
not considered production of an article within the meaning of
Section 222 of the Trade Act. Petitioning workers do not produce
an “article” within the meaning of the Trade Act of 1974.
The investigation on reconsideration supported the findings
of the primary investigation that the petitioning group of
workers does not produce an article.
Only in very limited instances are service workers certified
for TAA. Namely the worker separations must be caused by a
reduced demand for their services from a parent or controlling
firm or subdivision whose workers produce an article and who are
currently certifiable for TAA; or if the group of workers are
leased workers who perform their duties onsite at the TAA
certifiable location on established contractual basis.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C. this 13th day of July, 2005.

/s/ Elliott S. Kushner

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