Denied
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TAW-65131  /  Circuit City Stores, Inc. (Muncy, PA)

Petitioner Type: Workers
Impact Date:
Filed Date: 02/05/2009
Most Recent Update: 02/26/2009
Determination Date: 02/26/2009
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-65,131
CIRCUIT CITY STORES, INC.
MUNCY, PENNSYLVANIA

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 February 5, 2009, in
response to a petition filed on behalf of workers of Circuit City
Stores, Inc., Muncy, Pennsylvania. The workers performed retail
sales services including installation and repair services for
consumer electronics sold by the subject firm.
The investigation revealed that Circuit City Stores, Inc.,
Muncy, Pennsylvania, 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 retail workers 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 Circuit City Stores,
Inc., Muncy, Pennsylvania, 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 26th day of February 2009

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