Certified
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TAW-74975  /  Digital River Education Services, Inc. (Austin And Dallas, TX)

Petitioner Type: Company
Impact Date: 12/07/2009
Filed Date: 12/09/2010
Most Recent Update: 01/28/2011
Determination Date: 01/28/2011
Expiration Date: 01/28/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,975

DIGITAL RIVER EDUCATION SERVICES, INC.
A DIVISION OF DIGITAL RIVER, INC.
INCLUDING ON-SITE LEASED WORKERS OF SERENITY STAFFING,
ACCOUNTEMPS, SILICON VALLEY, AND LIAISON RESOURCES
AUSTIN AND DALLAS, TEXAS

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 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:
I. 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 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 if either:

(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 shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on December 9, 2010 by a company official on behalf of
workers of Digital River Education Services, Inc., a division
of Digital River, Inc., including on-site leased workers from
Serenity Staffing, Accountemps, Silicon Valley, and Liaison
Resources, Austin and Dallas, Texas. The workers provide
reselling services to third-party vendors, publishers, and
product manufacturers.
The investigation revealed that workers of Digital River
Education Services, Inc. who are engaged in employment related
to reselling services meet the criteria for certification.
Criterion I has been met because a significant proportion
of workers were separated over the relevant period.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country services like or directly
competitive with the services supplied by the workers.
Criterion III has been met because the acquisition of
services contributed importantly to worker group separations
at Digital River Education Services, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Digital River
Education Services, Inc., a division of Digital River, Inc.,
Austin and Dallas, Texas, who are engaged in employment related
to reselling services of software and hard goods to third-
party vendors, publishers, and product manufacturers, 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 Digital River Education Services, Inc., a
division of Digital River, Inc., including on-site leased
workers of Serenity Staffing, Accountemps, Silicon
Valley, and Liaison Resources, Austin and Dallas, Texas,
who became totally or partially separated from employment
on or after December 7, 2009, 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 28th day of January, 2011

/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance