[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Notices]
[Pages 61386-61387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24192]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-82,287; TA-W-82,287A]
Hewlett Packard Company, AMS Call Center-Conway, CSS-Americas
Support (AMSS) Division, Personal Systems Business Unit, Conway,
Arkansas; Hewlett Packard Company, TS AMS GD FS Central on Site,
Enterprise Services Organization Business Unit, Bentonville, Arkansas;
Notice of Revised Determination on Reconsideration
In accordance with Section 223 of the Trade Act of 1974, as amended
(``Act''), 19 U.S.C. 2273, the Department of Labor (Department) herein
presents the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
Workers of a firm may be eligible for worker adjustment assistance
if they satisfy the criteria of subsection (a), (b) or (e) of Section
222 of the Act, 19 U.S.C. 2272(a), (b) and (e). For the Department to
issue a certification for workers under Section 222(a) of the Act, 19
U.S.C. 2272(a), the following criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. Sec. 2282(a)(1)) requires that a significant number
or proportion of the workers in the workers' firm must have become
totally or partially separated or be threatened with total or
partial separation.
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. Sec. 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) Sales or production, or both, at the workers' firm must have
decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or supplied by the
workers' firm have increased, OR
(II)(aa) imports of articles like or directly competitive with
articles into which the component part produced by the workers' firm
was directly incorporated have increased; OR (II)(bb) imports of
articles like or directly competitive with articles which are
produced directly using the services supplied by the workers' firm
have increased; OR (III) imports of articles directly incorporating
component parts not produced in the U.S. that are like or directly
competitive with the article into which the component part produced
by the workers' firm was directly incorporated have increased.
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or threat of
separation and to the decline in the sales or production of such
firm.
(B) Shift in Production or Supply Path:
(i)(I) There has been a shift by the workers' firm to a foreign
country in the production of articles or supply of services like or
directly competitive with those produced/supplied by the workers'
firm; OR
(II) there has been an acquisition from a foreign country by the
workers' firm of articles/services that are like or directly
competitive with those produced/supplied by the workers' firm; and
(ii) the shift described in clause (i)(I) or the acquisition of
articles or services described in clause (i)(II) contributed
importantly to such workers' separation or threat of separation.
For the Department to issue a secondary worker certification under
Section 222(b) of the Act, 19 U.S.C. 2272(b), to workers of a Supplier
or a Downstream Producer, the following criteria must be met:
(1) A significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm have become
totally or partially separated, or are threatened to become totally
or partially separated;
(2) the workers' firm is a Supplier or Downstream Producer to a
firm that employed a group of workers who received a certification
of eligibility under Section 222(a) of the Act, 19 U.S.C. Sec.
2272(a), and such supply or production is related to the article or
service that was the basis for such certification; and
(3) either
(A) the workers' firm is a supplier and the component parts it
supplied to the firm described in paragraph (2) accounted for at
least 20 percent of the production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to the workers'
separation or threat of separation.
Section 222(c) of the Act, 19 U.S.C. 2272(c), defines the terms
``Supplier'' and ``Downstream Producer.''
Workers of a firm may also be considered eligible if they are
publicly identified by name by the International Trade Commission (ITC)
as a member of a domestic industry in an investigation resulting in a
category of determination that is listed in Section 222(e) of the Act,
19 U.S.C. 2272(e).
The group eligibility requirements for workers of a firm under
Section 222(e) of the Act, 19 U.S.C. 2272(e), can be satisfied if the
following criteria are met:
(1) The workers' firm is publicly identified by name by the
International Trade Commission as a member of a domestic industry in
an investigation resulting in--
(A) an affirmative determination of serious injury or threat
thereof under section 202(b)(1); (B) an affirmative determination of
market disruption or threat thereof under section 421(b)(1); or (C)
an affirmative final determination of material injury or threat
thereof under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act
of 1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
[[Page 61387]]
(2) the petition is filed during the 1-year period beginning on
the date on which--(A) a summary of the report submitted to the
President by the International Trade Commission under section
202(f)(1) with respect to the affirmative determination described in
paragraph (1)(A) is published in the Federal Register under section
202(f)(3); or (B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal Register; and
(3) the workers have become totally or partially separated from
the workers' firm within--(A) the 1-year period described in
paragraph (2); or (B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in paragraph (2).
The investigation was initiated in response to a petition filed on
December 21, 2012 by a state workforce official on behalf of workers of
Hewlett Packard Company, AMS Call Center-Conway, CSS-Americas Support
(AMSS) Division, Personal Systems Business Unit, Conway, Arkansas (TA-
W-82,287) and Hewlett Packard Company, TS AMS GD FS Central On Site,
Enterprise Services Organization Business Unit, Bentonville, Arkansas
(TA-W-82,287A) (hereafter referred to as ``the Conway Facility'' and
``the Bentonville Facility,'' respectively).
Workers at the Conway Facility are engaged in activities related to
the supply of customer call center services. Workers at the Bentonville
Facility are engaged in activities related to the supply of internal,
on-site technical support services. The subject worker groups are
separately identifiable from each other.
On January 25, 2013, the Department issued a Notice of Termination
of Investigation applicable to workers and former workers of the Conway
Facility. On July 9, 2013, the Department issued a Notice of
Investigation.
TA-W-82,287 (Conway Facility)
Section 222(a)(1) has been met because a significant number or
proportion of the workers at the Conway Facility has become totally or
partially separated, or are threatened to become totally or partially
separated.
Section 222(a)(2)(B) has been met with regards to workers at the
Conway Facility because the workers' firm has shifted to a foreign
country the supply of services like or directly competitive with those
supplied by the subject worker group, which contributed importantly to
worker group separations at Hewlett Packard Company, AMS Call Center-
Conway, AMSS Division, Personal Systems Business Unit, Conway,
Arkansas.
TA-W-82,287A (Bentonville Facility)
Section 222(a)(2)(A) has not been met with regards to workers at
the Bentonville Facility because the workers' firm has not increased
its imports of services like or directly competitive with the on-site
technical support services supplied by the subject worker group.
Section 222(a)(2)(B) has not been met with regards to workers at
the Bentonville Facility because the workers' firm has not shifted to a
foreign country the supply of services like or directly competitive
with the on-site technical support supplied by the subject workers.
With respect to Section 222(b)(2) of the Act, the investigation
revealed that the Bentonville Facility is not a Supplier or Downstream
Producer to a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the Act, 19 U.S.C.
2272(a).
Finally, the group eligibility requirements under Section 222(e) of
the Act, have not been satisfied either because Criterion (1) has not
been met since the workers' firm has not been publicly identified by
name by the ITC as a member of a domestic industry in an investigation
resulting in an affirmative finding of serious injury, market
disruption, or material injury, or threat thereof.
Conclusion
After careful review of the facts obtained in the investigation, I
determine that, with regards to TA-W-82,287A, the requirements of
Section 222 of the Act, 19 U.S.C. 2272, have not been met and,
therefore, deny the petition for group eligibility of Hewlett Packard
Company, TS AMS GD FS Central On Site, Enterprise Services Organization
Business Unit, Bentonville, Arkansas, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C. 2273.
After careful review of the facts obtained in the investigation, I
determine that, with regards to TA-W-82,287, workers of Hewlett Packard
Company, AMS Call Center-Conway, CSS-Americas Support (AMSS) Division,
Personal Systems Business Unit, Conway, Arkansas, who are engaged in
activities related to the supply of customer support call center
services, meet the worker group certification criteria under Section
222(a) of the Act, 19 U.S.C. 2272(a). In accordance with Section 223 of
the Act, 19 U.S.C. 2273, I make the following certification:
All workers of Hewlett Packard Company, AMS Call Center-Conway,
CSS-Americas Support (AMSS) Division, Personal Systems Business
Unit, Conway, Arkansas, who became totally or partially separated
from employment on or after December 20, 2011, through two years
from the date of certification, and all workers in the group
threatened with total or partial separation from employment on the
date of certification through two years from the date of
certification, are eligible to apply for adjustment assistance under
Chapter 2 of Title II of the Trade Act of 1974, as amended.;
Signed in Washington, DC, this 4th day of September, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-24192 Filed 10-2-13; 8:45 am]
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