DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,706

TJD FABRICATIONS INC.
PLATTSBURGH, NEW YORK

Negative Determinations 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 January 18 2008, in
response to a petition filed by a company official on behalf of
workers of TJD Fabrications Inc., Plattsburgh, New York. Workers
at the subject facility were engaged in employment related to the
warehousing and distribution of all-terrain vehicle parts produced
abroad.
The investigation revealed that TJD Fabrications Inc.,
Plattsburgh, New York, did 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 workers at the subject facility engaged in warehouse and
distribution operations of all-terrain vehicle parts did 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.
The worker group was in engaged in activities in support of
the manufacturing of all-terrain vehicle parts in Canada;
production did not take place within the United States during 2006
or 2007. The Plattsburgh site was only utilized to support the
firm's United States customer-base, not production of parts.
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 this
investigation, I determine that all workers of TJD Fabrications
Inc., Plattsburgh, New York, 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 at Washington, D.C., this 7th day of April 2008

/s/Richard Church
________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance