DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,095

LIBERTY HARDWARE MANUFACTURING CORPORATION
FORMERLY KNOWN AS BATH UNLIMITED
RANDOLPH, NEW JERSEY

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 September 23, 2008 in
response to a petition filed on behalf of workers of Liberty
Hardware Manufacturing Corporation, formerly known as Bath
Unlimited, Randolph, New Jersey. Workers at the subject firm were
engaged in activities strictly limited to distribution, shipping,
receiving, displaying and storage of bath accessories, such as
toilet paper holders, toilet valves and shower heads.
The investigation revealed that Liberty Hardware Manufacturing
Corporation, formerly known as Bath Unlimited, Randolph, New
Jersey, 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 distribution
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 Liberty Hardware
Manufacturing Corporation, formerly known as Bath Unlimited,
Randolph, New Jersey 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 23rd day of October 2008

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