DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,477
DELL USA LP
AMERICAS BUSINESS OPERATIONS ORGANIZATION
ROUND ROCK, TEXAS

TA-W-70,477A
DELL USA LP
GLOBAL FINANCIAL SYSTEMS GROUP
ROUND ROCK TEXAS

Determination Regarding 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), (c) or
(f) of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f). 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:
I. 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.

II. 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.

(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
(i)(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.

III. The third criterion requires that the increase in imports or
shift/acquisition must have contributed importantly to the
workers' separation or threat of separation. See Sections
222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act, 19 U.S.C.
§§ 2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms "Supplier" and "Downstream Producer." For the Department to
issue a secondary worker certification under Section 222(c) of the
Act, 19 U.S.C. § 2272(c), 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.

The investigation was initiated in response to a petition
filed on May 22, 2009 on behalf of workers of Dell USA LP, American
Business Operations (TA-W-70,477) and Dell USA LP, Global Financial
Systems Group (TA-W-70,477A), both of Round Rock, Texas. The
workers of American Business Operations provide order processing
and customer-care quality management. Workers of Global Financial
Systems Group provide corporate financial and accounting services
for corporate-wide operations.
With regard to workers at American Business Operations who are
engaged in employment related to order processing and customer-care
quality management the investigation revealed that criterion
(a)(2)(A)(i) was not met.
The petitioners allege that the supply of services from
workers of the American Business Operations in the Dell USA LP
facility in Round Rock, Texas has been shifted to Beijing, China,
referencing increasing overseas employment and decreasing domestic
employment.
With respect to Section 222(a) of the Act, the investigation
revealed that criterion I has not been met because less than one
percent of the workers were separated and the firm does not plan
any future layoffs. Furthermore, criterion III has not been met
because any workers' separations were not related to a shift abroad
in the supply of services.
With respect to Section 222(c) of the Act, the investigation
revealed that criterion (1) has not been met because less than one
percent of the workers were separated and the firm does not plan
any future layoffs.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the workers' firm has not been indentified in an
affirmative find of injury by the ITC.
With regard to workers at Global Financial Systems Group, the
investigation revealed that workers of the Global Financial Systems
Group who are engaged in employment related to corporate
financial and accounting services do meet the criteria for
certification.
Petitioners allege that the supply of services from workers of
the Global Financial Systems Group within the same Dell USA LP
facility has been shifted to India.
Criterion I has been met because a significant portion of
workers has been separated.
Criterion II has been satisfied because Dell Inc. is
shifting the supply of services that are like or directly
competitive with the service provided by the workers to a foreign
country (India).
Criterion III has been met because the shift of services
related to corporate financial and accounting services to
India has contributed importantly to worker group separations
in the Global Financial Systems Group.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Dell USA LP, Global
Financial Systems Group, Round Rock, Texas, who are engaged in
employment related to corporate financial and accounting 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:


"Dell USA LP, Global Financial Systems Group, Round Rock,
Texas (TA-W-40,477A), who became totally or partially
separated from employment on or after May 18, 2008, 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."
Furthermore, after careful review, I determine that all
workers of Dell USA LP, American Business Operations, Round Rock,
Texas (TA-W-70,477), are denied eligibility 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 7th day of August, 2009


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance