DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,449

NEWBURGH HARDWOOD CO. INC.
NEWBURGH, INDIANA

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 November 13, 2007 in
response to a petition filed by a company official on behalf of
one worker at Newburgh Hardwood Co. Inc., Newburgh, Indiana.
The subject worker was engaged in the hardwood veneer consulting
services. This involves the inspection of hardwood veneer
produced by an unaffiliated domestic manufacturer and approving
it for sale to a third party.
The investigation revealed that the firm did not employ a
worker group during the one year prior to the petition filing
date. A worker group means three or more workers in a firm or
appropriate subdivision. The subject firm did not meet this
threshold level.
The investigation also revealed that the subject firm 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
subject worker did not support a firm or appropriate subdivision
that produces an article domestically and thus the workers
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 of the facts obtained in the
investigation, I determine that all workers of Newburgh Hardwood
Co. Inc., Newburgh, Indiana, 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 16th day of November 2007


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