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TAA Decision 98024

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        UNITED STATES DEPARTMENT OF LABOR 

Employment and Training Administration 

TA-W-98,024 

NCR CORPORATION 

BANKING AND RETAIL CASH CONVERSION CYCLE DIVISIONS 

ATLANTA, GEORGIA 

Negative Determinations Regarding Eligibility 

To Apply for Worker Adjustment Assistance 

And Alternative Trade Adjustment Assistance 

TRADE ADJUSTMENT ASSISTANCE 

In accordance with Section 223 of the Trade Act of 1974, as 
amended (the Act), 19 U.S.C. § 2273, the Department of Labor (the 
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) and (b) 
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the 
Department of Labor to issue a certification for workers under 
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three 
criteria must be met: 

(1) 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 such 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 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) imports of articles like or directly competitive with 
articles produced by such firm or subdivision have 
increased; and 

(iii) the increase 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 or subdivision. 

(B) Shift in Production Path: 

(i) there has been a shift in production by such workers' firm 
or subdivision to a foreign country of articles like or 
directly competitive with articles which are produced by 
such firm or subdivision; and 

(ii)(I) the country to which the workers' firm has 
shifted production of the articles is a party to a free 
trade agreement with the United States; 

(II)the country to which the workers' firm has shifted 
production of the articles is a beneficiary country under 
the Andean Trade Preference Act, African Growth and 
Opportunity Act, or the Caribbean Basin Economic Recovery 
Act; or 

(III)there has been or is likely to be an increase in 
imports of articles that are like or directly 
competitive with articles which are or were produced by 
such firm or subdivision. 

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 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." 

The investigation was initiated in response to a Trade 
Adjustment Assistance for Workers (TAA) and Alternative Trade 
Adjustment Assistance (ATAA) petition dated and filed on August 4, 
2021 on behalf of former workers of NCR Corporation, Banking and 
Retail Cash Conversion Cycle Divisions, Atlanta, Georgia (hereafter 
referred to as the "group of workers"). In accordance with 20 C.F.R. 
618.110 a worker group is defined as, ""¦including teleworkers and 
staffed workers." 

The workers' firm is engaged in the supply of enterprise 
technology providing point of sale and ATM solutions, including 
software, hardware and supporting services, and the group of workers 
are engaged in activities related to the supply of internal 
analytical and project management support services. 

The petition alleges that separations, or threats thereof, in 
the group of workers are due to the shift of postitions to a foreign 
country. 

During the course of the investigation, the Department 
collected information from the petition and the workers' firm. 

In order to be considered eligible to apply for adjustment 
assistance under Section 223 of the Trade Act of 1974, the group of 
workers seeking certification (or on whose behalf certification is 
being sought) must work for a "firm" or appropriate subdivision that 
produces an article. The definition of a firm includes an individual 
proprietorship, partnership, joint venture, association, corporation 
(including a development corporation), business trust, cooperative, 
trustee in bankruptcy, and receiver under decree of any court. 

Per 20 C.F.R. 618.110, Article means "a tangible good or an 
intangible good sold or produced by a firm. The good must be the 
subject of the sale or production, and not an object that is produced 
incidentally to the sale or production. An article can be measured 
in individual production units or commercial production units, such 
as with commodities. Sale of an article is the means by which revenue 
is generated, accumulated, or calculated." 

During the investigation, the Department obtained information 
that revealed that the workers' firm does not produce an article 
within the meaning of Section 222(a) or Section 222(b) of the Act; 
rather, the workers' firm is engaged in the supply of enterprise 
technology providing point of sale and ATM solutions, and that the 
group of workers are engaged in activities related to the supply of 
internal analytical and project management support services. 

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE 

In order for the Department to issue a certification of 
eligibility to apply for Alternative Trade Adjustment Assistance 
(ATAA), the group of workers must be certified eligible to apply for 
Trade Adjustment Assistance (TAA). Because the group of workers are 
denied eligibility to apply for TAA, the group of workers cannot be 
certified eligible for ATAA. 

Conclusion 

After careful review of the facts obtained in the investigation, 
I determine that all workers of NCR Corporation, Banking and Retail 
Cash Conversion Cycle Divisions, Atlanta, Georgia, are denied 
eligibility to apply for adjustment assistance under Section 223 of 
the Trade Act of 1974, and are also denied eligibility to apply for 
Alternative Trade Adjustment Assistance under Section 246 of the 
Trade Act of 1974. 

Signed in Washington, D.C., this 22nd day of September, 2021 


/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN 

Certifying Officer, Office of 

Trade Adjustment Assistance 


      

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