[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Notices]
[Pages 7819-7820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4619]
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[[Page 7820]]
DEPARTMENT OF LABOR
[NAFTA-00728]
Karl J. Marx Company, Inc., New York, New York; Negative
Determination Regarding Eligibility To Apply for NAFTA-Transitional
Adjustment Assistance
Pursuant to Title V of the North American Free Trade Agreement
Implementation Act (Pub. L. 103-182) concerning transitional adjustment
assistance, hereinafter called (NAFTA-TAA) and in accordance with
Section 250(a), Subchapter D, Chapter 2, Title II, of the Trade Act of
1974, as amended (19 U.S.C. 2331), the Department of Labor herein
presents the results of an investigation regarding certification of
eligibility to apply for NAFTA-TAA.
The investigation was initiated on December 13, 1995 in response to
a petition filed on behalf of workers at the Karl J. Marx Company, Inc.
located in New York, New York. The workers were engaged in the
activities solely related to buying and selling fully manufactured
clothing goods. The Karl J. Marx Company, Inc. is a buying service that
serves both small stores and major chain stores in assisting them in
finding the best prices [of clothing and houseware goods] in the
market.
The investigation revealed that the workers of the subject firm do
not produce an article within the meaning of Section 250(a) of the
Trade Act, as amended. The Department of Labor has consistently
determined that the performance of services does not constitute
production of an article, as required by the Trade Act of 1974, and
this determination has been upheld in the United States Court of
Appeals.
Therefore, workers at the Karl J. Marx Company, Inc. located in New
York, New York may be certified only if their separation was caused
importantly by a reduced demand for their services from a parent firm,
a firm otherwise related to the subject firm by ownership, or a firm
related by control. In any case, the reduction in demand for services
must originate at a production facility whose workers independently
meet the statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. The workers of the
subject firm were not in direct support to any company affiliated
production facility; therefore, these conditions have not been met for
workers at the subject firm.
Conclusion
After careful review, I determine that all workers at Karl J. Marx
Company, Inc. located in New York, New York are denied eligibility to
apply for NAFTA-TAA under Section 250 of the Trade Act of 1974.
An investigation was instituted on January 22, 1996 for trade
adjustment assistance (TA-W-31,789) under Section 223 of the Trade Act
(19 U.S.C. 2273). A final determination should be made within 60 days
of the institution date.
Signed at Washington, DC., this 25th day of January 1996.
Russell T. Kile,
Acting Program Manager, Policy and Reemployment Services, Office of
Trade Adjustment Assistance.
[FR Doc. 96-4619 Filed 2-28-96; 8:45 am]
BILLING CODE 4510-3--M
