DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-59,993

FENTON GIFT SHOPS, INCORPORATED
WILLIAMSTOWN, WEST VIRGINIA

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 in response to a petition
received on September 1, 2006 and filed by a company official on
behalf of workers at Fenton Gift Shops, Incorporated,
Williamstown, West Virginia. The workers were engaged in retail
sales for products that were produced by an affiliated plant,
Fenton Art Glass Company, Williamstown, West Virginia. Those
workers were denied Trade Adjustment Assistance on September 25,
2006 (TA-W-59,898).
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 domestically and there must be a
relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The
investigation revealed that although production of article(s)
occurred within the workers firm or appropriate subdivision, the
retail workers did not support this production. Thus the worker
group cannot 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 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, I determine that all workers of Fenton
Gift Shops, Incorporated, Williamstown, West Virginia 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 4th day of October 2006.

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