DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,677

RAY C. SMITH
dba RAY'S CITGO AND VARIETY
BEULAVILLE, NORTH CAROLINA

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 July 7, 2006, in
response to a petition filed on behalf of workers of Ray C.
Smith, dba Ray's Citgo and Variety, Beulaville, North Carolina.
The workers were engaged in providing light clerical duties
(i.e. retail gasoline and grocery sales to customers).
The investigation also revealed that Ray C. Smith, dba
Ray's Citgo and Variety, Beulaville, North Carolina, 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
light clerical duties (i.e. retail gasoline and grocery sales to
customers) performed by 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.
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 Ray
C. Smith, dba Ray's Citgo and Variety, Beulaville, North
Carolina 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 adjust-
ment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 15th day of August, 2006.


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