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TAA Decision 96978

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

        UNITED STATES DEPARTMENT OF LABOR 
Employment and Training Administration 
TA-W-96,978 
TECHNICOLOR USA, INC. 

HUMAN RESOURCES INFORMATION SERVICES 

CULVER CITY, CALIFORNIA 

Certification Regarding Eligibility 
To Apply for Trade Adjustment Assistance for Workers 

In accordance with Section 223 of the Trade Act of 1974, as amended ("the 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 Trade Adjustment Assistance ("TAA") for workers. 

The investigation was initiated in response to a TAA petition dated June 17, 2021 and filed 
on June 21, 2021 by Workers, on behalf of workers and former workers of Technicolor USA, 
Inc., Human Resources Information Services, Culver City, California (hereafter referred to as the 
"worker group"). In accordance with 20 C.F.R. 618.110 a worker group is defined as, ""¦inclusive 
of teleworkers and staffed workers." 

The workers' firm is engaged in activities related to the supply of trademark licensing 
business services. 

The worker group is engaged in activities related to the supply of human resources and other 
administrative and support function services for company locations in the US, Canada, Europe, 
India and Australia and are not separately identifiable by service. 

The petition alleged that worker separations, or threats thereof, were due to company's 
announcement in April 2020 that certain Worldwide Corporate Function work, including certain 
Human Resources Information Systems (HRIS) functions would be shifted to India by by June of 
2020. Due to delays in hiring, onboarding and training, the transition of work to India did not take 
place until the 4th quarter of 2020. 

During the course of the investigation, the Department collected information from the 
petitioner(s), the workers' firm, and other relevant sources. 

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: 

Employment Criterion 

(1) A significant number or proportion of the workers in such workers' firm have become 
totally or partially separated, or are threatened to become totally or partially separated. 
20 C.F.R. 618.225(c)(1)(ii) states that an "Analysis of separation data must generally 
consist of a: "(A) Comparison of employment on the petition date to employment on the date that is 
1 year prior to the petition date; (B) Review of employment activity during the 1-year period prior 
to the petition date; and (C) Review of evidence provided by the workers' firm regarding actual 
and threatened separations that occur, or are scheduled to occur, after the petition date." 

The Department determines that the employment criterion has been met. 

Shift/Acquisition Criterion 

(2)(B)(i)(I) there has been a shift by the workers' firm to a foreign country in the production 
of articles or the supply of services like or directly competitive with articles which 
are produced or services which are supplied by such firm; or 

(II) such workers' firm has acquired from a foreign country articles or services that 
are like or directly competitive with articles which are produced or services which 
are supplied by such firm; 
According to 20 C.F.R. 618.225(c)(2)(ii), "Analysis of acquisition data must generally 
consist of a: (1) Comparison of shift data on the petition date to shift/acquisition data that is 1 year 
prior to the petition date; (2) Review of shift/acquisition activity during the 1-year period prior 
to the petition date; and (3) Review of evidence provided by the workers' firm regarding shift/ 
acquisition activity scheduled to occur after the petition date." 

The Department determines that the acquisition criterion has been met. 

Contributed Importantly Criterion 

(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. 
Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines contributed importantly as "a 
cause that is important but not necessarily more important than any other cause." 

According to 20 C.F.R. 618.225(c)(3)(i), "Analysis of impact of acquisition data on worker 
separations must generally consist of determining: (A) Whether there are one or more events or 
factors that lessen or sever the causal nexus between the acquisition activity and worker separations 
or threat of separation; (B) What percentage of the workers' firm sales or production declines was 
attributable to the firm's acquisition activity; (C) Whether operations at the workers' firm domestic 
facility or facilities decreased at the same or at a greater rate than contractor or licensee operations 
in the foreign country; and (D) Whether there are other events or factors that mitigate or amplify 
the impact of acquisition activity on the workers' firm. (ii) Whether there are other events or factors 
that mitigate or amplify the impact of shift activity on the workers' firm. (B) The impact may be 
determined using a quantitative or qualitative analysis." 

The Department determines that the contributed importantly criterion has been met. 
Conclusion 

After careful review of the facts obtained in the investigation, I determine that workers 
of Technicolor USA, Inc., Human Resources Information Services, Culver City, California, who 
are engaged in activities related to the supply of human resources and other administrative and 
support function services for company locations in the US, Canada, Europe, India and Australia 
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 Technicolor USA, Inc., Human Resources Information Services, Culver 
City, California, who became totally or partially separated from employment on or after 
June 17, 2020 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 21st day of September, 2021. 

/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK 
Certifying Officer, Office of 
Trade Adjustment Assistance 


      

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