Denied
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TAW-63075  /  Russound (Newmarket, NH)

Petitioner Type: Workers
Impact Date:
Filed Date: 03/27/2008
Most Recent Update: 04/11/2008
Determination Date: 04/11/2008
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,075

RUSSOUND
ALSO KNOWN AS FOLDED METAL PRODUCTS, INC.
NEWMARKET, 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 March 27, 2008 in
response to a petition filed on behalf of workers at Russound,
also known as Folded Metal Products, Inc., Newmarket, New
Hampshire. Workers are engaged in tasks related to the design
and distribution of audio-video systems and connectivity
products.
The investigation revealed that the subject worker group
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 domestically,
and there must be a relationship between the workers' work and
the article produced by the workers' firm or appropriate
subdivision. The subject firm does not produce audio-video
systems and connectivity products in the United States; it
distributes and sells products produced, primarily abroad, by
unaffiliated contractors. Product designs developed by the firm
in the United States are not marketed but rather are utilized by
the manufacturing contractors. Workers of the subject firm
configure a minor portion of some parts prior to packaging;
however, tasks related to this operation are related to the
firm's distribution operations and do not change the fundamental
nature of the articles sold. Since the workers do not support a
firm or appropriate subdivision that produces an article
domestically the worker group cannot be considered import
impacted or affected by a shift in production of an article
abroad.
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 Russound, also
known as Folded Metal Products, Inc., Newmarket, New Hampshire,
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 11th day of April 2008

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