DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,935

WSW COMPANY OF SHARON, INC.
A SUBSIDIARY OF WORMSER COMPANY
SHARON, TENNESSEE


Notice of Negative Determination
on Reconsideration

On May 10, 2006, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The Notice was
published in the Federal Register on May 19, 2006 (71 FR 29184).
The petition for Trade Adjustment Assistance (TAA), dated
February 28, 2006, filed on behalf of workers of WSW Company of
Sharon, Inc., a Subsidiary of Wormser Company, Sharon, Tennessee
(subject facility) was denied because, during the relevant
period, the workers did not produce an article within the meaning
of the Trade Act and did not support a domestic production
facility that was import-impacted. While the subject facility
was previously certified for TAA (TA-W-51,848), the certification
expired prior to the petition date (expired on June 30, 2005).
In the request for reconsideration, the petitioners assert
that, during the relevant period, they were engaged in activity
related to the production of an article (children’s sleepwear)
manufactured by Wormser Company (subject firm).
During the reconsideration investigation, the Department
confirmed that domestic production had ceased in 2004 and,
therefore, determined that production did not take place at the
subject facility during the relevant period.
In subsequent submissions, the petitioners asserted that
they produced “pick tickets” (internal-use distribution
documents) and labels used for shipping. Although the workers’
activities resulted in printed material, this material is
incidental to the provision of distribution services. The
Department has consistently determined that items produced as a
result of the provision of services are not marketable and not an
article for purposes of the Trade Act.
Further, information provided by the petitioners reveal that
the activities in which they were engaged supported a domestic
warehousing and shipping facility, not a production facility.
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 day of July 2006




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