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TAA Decision 74232

Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.

        DEPARTMENT OF LABOR

	Employment and Training Administration

TA-W-74,232

	DP/DHL
DHL INFORMATION SERVICES (AMERICAS)
WILMINGTON, OHIO

	Certification Regarding Eligibility
	To Apply for Worker Adjustment Assistance

      In accordance with Section 223 of the Trade Act of 1974, as 
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor 
herein presents the results of an investigation regarding 
certification of eligibility to apply for worker adjustment 
assistance.
      The group eligibility requirements for workers of a firm 
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are 
satisfied if the following criteria are met:
I.	The first criterion (set forth in Section 222(a)(1) of the 
Act, 19 U.S.C. § 2272(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.

II.	The second criterion (set forth in Section 222(a)(2) of the 
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(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
(i)(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.

III.	The third criterion requires that the shift/acquisition 
must have contributed importantly to the workers' 
separation or threat of separation.  See Section 
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §  
2272(a)(2)(B)(ii).
  
	The investigation was initiated in response to a petition 
filed on June 11, 2010 by a company official on behalf of 
workers of DP/DHL, DHL Information Services (Americas), 
Wilmington, Ohio (DP/DHL). Of note, the company provided 
evidence that they actually sent the petition dated August 11, 
2009 to the United States Department of Labor on August 12, 
2009. The workers are engaged in activities related to 
information technology services.  
      The investigation revealed that workers of DP/DHL who are 
engaged in activities related to information technology 
services meet the criteria for certification.  
      Criterion I has been met because a significant number or 
proportion of the workers at DP/DHL have become totally or 
partially separated.  
      Criterion II has been satisfied because there has been a 
shift by the workers' firm to a foreign country in the supply of 
services like or directly competitive with those supplied by the 
workers' firm. 
      Criterion III has been met because the shift of 
information technology services to Malaysia and Czech Republic 
by DP/DHL contributed importantly to worker group separations 
at DP/DHL.
      
      
Conclusion
	After careful review of the facts obtained in the 
investigation, I determine that workers of DP/DHL, DHL 
Information Services (Americas), Wilmington, Ohio, who are 
engaged in activities related to information technology 
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 DP/DHL, DHL Information Services 
(Americas), Wilmington, Ohio, who became totally or 
partially separated from employment on or after August 11, 
2008, through two years from the date of certification, and 
all workers in the group threatened with total or partial 
separation from employment on 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, D.C., this 14th day of July, 2010.

						/s/Elliott S. Kushner
                                    ______________________________
                                    ELLIOTT S. KUSHNER
                                    Certifying Officer, Office of 
                                    Trade Adjustment Assistance

      

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