DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,021

PITNEY BOWES MAIL SERVICES MANAGEMENT SALES
A DIVISION OF PITNEY BOWES, INC.
PURCHASE, NEW YORK

Notice of Negative Determination
on Reconsideration

The initial investigation, initiated March 2, 2011, resulted
in a negative determination, issued on August 12, 2011, that was
based on the finding the workers at the subject firm do not
produce an article. The determination was applicable to workers
and former workers of Pitney Bowes Mail Services Management Sales,
a division of Pitney Bowes, Inc., Purchase, New York (Pitney
Bowes Mail Services Management Sales-New York). The notice of
negative determination was published in the Federal Register on
September 2, 2011 (76 FR 54797). Worker at Pitney Bowes Mail
Services Management Sales-New York are engaged in activities
related to the supply of sales services for Pitney Bowes, Inc.
mail services management services, administrative support
services of such sales, and support services to customers.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
Based on information carefully reviewed during the
reconsideration investigation, the Department of Labor determines
that the subject worker group has not met the eligibility criteria
set forth in the TAAEA.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased imports of services like or
directly competitive with sales or support services supplied by
Pitney Bowes Mail Services Management Sales-New York.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Pitney Bowes Mail Services Management
Sales did not shift the supply of services (or like or directly
competitive services) to a foreign county or acquire such
services from a foreign county.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Pitney Bowes Mail Services Management
Sales-New York is not a Supplier 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Pitney Bowes Mail Services Management
Sales-New York does not act as a Downstream Producer to a firm
(or subdivision, whichever is applicable) 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been met since Pitney Bowes, Inc. has
not been publically identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in an affirmative finding of serious injury, market
disruption, or material injury, or threat thereof.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of Pitney Bowes
Mail Services Management Sales, a division of Pitney Bowes, Inc.,
Purchase, New York, to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 25th day of November, 2011

/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,021

PITNEY BOWES MAIL SERVICES MANAGEMENT SALES
A DIVISION OF PITNEY BOWES, INC.
PURCHASE, 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 (“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 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 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 petition for
Trade Adjustment Assistance (TAA)/Alternative Trade Adjustment
Assistance (ATAA) filed on March 2, 2011 by a State of New York
workforce official on behalf of workers and former workers of
Pitney Bowes Mail Services Management Sales, A Division of Pitney
Bowes, Inc., Purchase, New York.
The petitioner alleged that the subject worker group
consists of “salesmen” at the Purchase, New York facility, that
the Purchase, New York facility provides “business services” and
that the determination issued under TA-W-74,326 (Pitney Bowes,
Inc., Shelton, Connecticut; workers supply systems integration
testing services; issued September 10, 2010) should be considered
in determining the subject worker group’s eligibility to apply
for TAA/ATAA.
During the course of the investigation, the Department
collected information from the workers’ firm.
The investigation revealed that Pitney Bowes Mail Services
Management Sales, A Division of Pitney Bowes, Inc., Purchase, New
York, does not produce an article within the meaning of Section
222(a) or Section 222(b) of the Act.
During the investigation, the Department obtained information
that revealed that although Pitney Bowes, Inc. produces articles,
the appropriate subdivision (Pitney Bowes Mail Services Management
Sales) does not produce an article and is separately identifiable
from those Pitney Bowes, Inc. subdivisions which do produce an
article. Rather, Pitney Bowes Mail Services Management Sales
supplies mail solutions services.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group 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.
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 TAA. Since the workers and former workers of
Pitney Bowes Mail Services Management Sales, A Division of Pitney
Bowes, Inc., Purchase, New York are denied eligibility to apply for
TAA, they cannot be certified eligible for ATAA.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Pitney Bowes Mail
Services Management Sales, A Division of Pitney Bowes, Inc.,
Purchase, New York, who are engaged in activities related to
the provision of mail solution services, 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 12th day of August, 2011


/s/Del Min Amy Chen
_____________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance







- 8 -