DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-65,529

ACTIVE USA, INC.
FLINT, MICHIGAN

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 9, 2009 in
response to a petition filed on behalf of workers at Active USA,
Inc., Flint, Michigan. Workers transported and delivered trucks.
The investigation revealed that Active USA, Inc. 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 truck delivery 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 Active USA, Inc.,
Flint, Michigan, 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 21st day of April 2009

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance