DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,781
NU-GRO TECHNOLOGIES, INC.
GLOVERSVILLE, 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 August 18, 2005, in
response to a petition filed by a company official on behalf of
workers of Nu-Gro Technologies, Inc., Gloversville, New York. The
workers were engaged in the dismantling of a manufactory which
formerly produced fertilizers.
The investigation revealed that the workers at the subject
facility did 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 dismantling the former fertilizer manufactory 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.
This investigation did reveal that the cessation of
fertilizer production at the subject firm was prior to one year
before the filing of the petition and thus outside of the
relevant period. Under the Trade Act of 1974, a relocation of
that production that is antecedent to that date cannot be used as
a basis for certification.
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 assis-
tance (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 the
investigation, I determine that all workers of Nu-Gro
Technologies, Inc., Gloversville, 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 24th day of August 2005
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance