TAA Decision 82287
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-82,287
HEWLETT PACKARD COMPANY
AMS CALL CENTER-CONWAY
CSS-AMERICAS SUPPORT (AMSS) DIVISION
PERSONAL SYSTEMS BUSINESS UNIT
CONWAY, ARKANSAS
TA-W-82,287A
HEWLETT PACKARD COMPANY
TS AMS GD FS CENTRAL ON SITE
ENTERPRISE SERVICES ORGANIZATION BUSINESS UNIT
BENTONVIILLE, 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. § 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. § 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. § 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));
(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, D.C., this 4th day of September, 2013
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-82,287
HEWLETT PACKARD
CONWAY, ARKANSAS
Notice of Investigation
Pursuant to Section 221 of the Trade Act of 1974, as
amended, an investigation was initiated in response to a Trade
Adjustment Assistance (TAA) petition filed on December 21, 2012
by the State of Arkansas on behalf of workers and former workers
of Hewlett Packard, Conway, Arkansas. On January 25, 2013, the
Department issued a Notice of Termination of Investigation
because the State of Arkansas withdrew its petition in order for
a petition covering a larger worker group (which included
workers and former workers at the Conway, Arkansas facility) to
be filed. Because the later-filed petition was withdrawn,
however, the Department is re-opening the investigation of TA-W-
82,287 and will issue a determination accordingly.
Signed in Washington, D.C., this 9th day of July, 2013
/s/ Del Min Amy Chen
____________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P