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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


	
                                          

                                    



      

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