DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,713

CANTERBURY PRINTING COMPANY OF ROME INCORPORATED
ROME, NEW YORK

Notice of Negative Determination
on Reconsideration

On September 17, 2008, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of Canterbury Printing Company of Rome
Incorporated, Rome, New York (subject firm). The Department’s
Notice of affirmative determination was published in the Federal
Register on September 24, 2008 (73 FR 55137). Workers produce
printed materials including postcards, calendars, and journals.
The Department’s determination regarding the subject
workers’ eligibility to apply for Trade Adjustment Assistance
(TAA) and Alternative Trade Adjustment Assistance (ATAA) was
based on the Department’s findings that, during the relevant
period, there were no increased imports by the subject firm or
its major declining customer or a shift of production by the
subject firm to a foreign country.
In the request for administrative reconsideration, the
Graphic Communications Conference of the International
Brotherhood of Teamsters Union, Local 503-M, alleged that
increased imports contributed to the closure of the subject firm.
In order to apply for TAA, petitioners must meet the worker
group eligibility requirements for directly-impacted (primary)
workers under Section 222(a) the Trade Act of 1974, as amended.
The eligibility requirements can be met by satisfying either
Section (a)(2)(A) or Section (a)(2)(B).
Under Section (a)(2)(A), the following criteria must be met:
A. 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; and
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision.

Under Section (a)(2)(B), the following criteria must be met:
A. 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; and
B. 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
C. One of the following must be satisfied:
1. 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; or
2. 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
3. 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.

During the reconsideration investigation, the Department
confirmed that the subject firm closed permanently in July 2008.
Therefore, the Department affirms that the first two criteria of
Section 222(a)(2)(A) have been met.
Based on the allegations in the request for reconsideration,
the scope of the reconsideration investigation is limited to
whether or not the third criteria in Section 222(a)(2)(A) has
been met (increased imports of articles like or directly
competitive with those produced by the subject firm contributed
importantly to the workers’ separation and to subject firm sales
or production declines).
During the reconsideration investigation, the Department
confirmed that the subject firm did not import printed material
or articles like or directly competitive with printed material.
On reconsideration, the Department contacted the subject
firm’s major declining customer that was surveyed during the
initial investigation, and confirmed that the customer did not
import articles like or directly competitive with the printed
material produced by the subject firm. The customer also stated
that it ceased purchasing from the subject firm because it
transferred to a Web-based publication. The move from the print
medium to an electronic medium was due to the interactive nature
of the electronic medium and the customer’s advertisers’ demands.
During the reconsideration investigation, the Department
contacted a previously-unidentified customer of the subject firm
and was informed that this customer did not award the subject
firm the contract for printing its 2008 catalogue of products.
Although the customer did consider awarding the contract to a
Chinese company, the contract was awarded to a domestic company.
During the reconsideration investigation, the Department
obtained information regarding the printing industry in general.
The information indicates that the rise of the digital media --
and the attending changes in technology (such as new equipment
and computer programs), operating procedures (like “on demand” or
“short run” printing), and customers’ demands (including access
to Internet links and “pop up” advertisements) -- is the major
factor in the decline in the printing industry. The fast-paced
changes in this industry brought about by the ever-changing
nature of the digital media, compounded by aging infrastructure
and the higher postage costs, have contributed to the closure of
companies unable to adapt to the changing environment.
Based on findings in the initial investigation and the
reconsideration investigation, the Department determines that
increased imports did not contribute importantly to the subject
workers’ separations and subject firm sales/production declines.
Therefore, the Department affirms that Section 222(a)(2)(A)(C)
has not been met.
In order for the Department to issue a certification of
eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA), the subject worker group must be certified eligible to
apply for Trade Adjustment Assistance (TAA). Since the subject
workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful reconsideration, I affirm the original notice
of negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of
Canterbury Printing Company of Rome Incorporated, Rome, New York.

Signed at Washington, D.C. this 27th of October 2008


/s/ Elliott S. Kushner
___________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,713

CANTERBURY PRINTING COMPANY OF ROME INCORPORATED
ROME, NEW YORK

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 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 directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. 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;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. 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;
B. 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
C. One of the following must be satisfied:
3. 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;
4. 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
5. 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.

The investigation was initiated on July 21, 2008, in response
to a petition filed by a company official on behalf of the workers
of Canterbury Printing Company of Rome Incorporated, Rome, New
York. The workers produce printed materials including postcards,
calendars and journals.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the subject firm did not
import printed materials or shift production of those articles to a
foreign country during the relevant period.
The Department of Labor surveyed the subject firm’s major
customer regarding its purchases of printed materials including
postcards, calendars and journals in 2006, 2007, and January
through June 2008. The survey revealed that there were no
increased import purchases during the relevant period.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.


Conclusion
After careful review of the facts obtained during this
investigation, I determine that workers of Canterbury Printing
Company of Rome Incorporated, Rome, New York, 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 28th day of July 2008

/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance






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