DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,703

DPS ENTERPRISES, INC.
MACON, GEORGIA

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 August 10, 2005, in
response to a petition filed by a company official on behalf of
workers of DPS Enterprises, Inc., Macon, Georgia. The workers
hand-stacked cases of cigarettes into trucks and shipping
containers at an unaffiliated warehouse, which received the
cigarettes from an unaffiliated cigarette company which produced
them at another location.
The investigation revealed that DPS Enterprises, Inc., Macon,
Georgia, 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 truck and
container loading workers 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.
Since the workers provide a service at an unaffiliated
warehouse facility and do not work on-site at a production facility
and do not support production for an affiliated firm, they can not
be considered eligible for trade adjustment assistance.
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 DPS
Enterprises, Inc., Macon, Georgia, 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 17th day of August 2005.

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