DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,366

CURVES
BERLIN, NEW HAMPSHIRE

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 October 26, 2007, in
response to a petition filed on behalf of workers of Curves,
Berlin, New Hampshire. The location is a fitness center. The
workers perform services for members belonging to the fitness
center.
The investigation revealed that workers of Curves, Berlin, New
Hampshire do 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 that produces an
article domestically and 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 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 Curves,
Berlin, New Hampshire are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed in Washington, D.C., this 16th day of November 2007


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