DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,831

OTC INTERNATIONAL, LTD.
LONG ISLAND CITY, NEW YORK

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 August 6, 2008 in response
to a petition filed by workers of OTC International, LTD., Long
Island City, New York. The workers performed operations related to
the importing and wholesaling of jewelry, including inventory
inspection and control, order review, distribution, and shipping. A
very minor part of work involves repair or customization of jewelry
for final customers.
The investigation revealed that OTC International LTD., Long
Island City, 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 warehouse workers described above do not support a 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 of the facts obtained in the
investigation, I determine that all workers of OTC International
LTD., Long island City, 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.
Signed in Washington, D.C., this 3rd day of September 2008



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