DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,986

ROSS ACQUISITION, INC.
DBA GALERIE AU CHOCOLAT
WELLSTON, OHIO

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 10, 2006, in response
to a petition filed by workers on behalf of workers of Ross
Acquisition, Inc., DBA Galerie Au Chocolat, Wellston, Ohio. Workers
provided warehousing, and in some instances, light assembly of
imported gift baskets.
The investigation revealed that Ross Acquisition, Inc., DBA
Galerie Au Chocolat, Wellston, Ohio does not produce an article
within the meaning of Section 222(a)(2)(A)(I.A.) and
(a)(2)(B)(II.A.) 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
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 of the facts obtained in the
investigation, I determine that all workers of Ross Acquisition,
Inc., DBA Galerie Au Chocolat, Wellston, Ohio, 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.
Signed in Washington, D.C., this 18th day of April 2006


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