DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,063

STREAM INTERNATIONAL, INC.
RICHARDSON, TEXAS

Notice of Negative Determination
on Reconsideration

The initial investigation, initiated March 23, 2011, resulted
in a negative determination, issued on July 1, 2011, that was based
on the finding that the subject firm does not produce an article.
The determination was applicable to workers and former workers of
Stream International, Inc., Richardson, Texas. The notice of
negative determination was published in the Federal Register on
July 20, 2011 (76 FR 43351). Stream International, Inc. supplies
telephone call center services. The subject worker group consists
of workers who remained at the Richardson, Texas facility after
operations moved to Massachusetts in 2009.
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 reviewed during the reconsideration
investigation, the Department of Labor determines that worker
separations at Stream International, Inc., Richardson, Texas were
not due to a shift of call center services abroad or increased
imports of services like or directly competitive with the call
center services supplied by Stream International.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased imports during the relevant
period of services like or directly competitive with the call
center services supplied by Stream International.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Stream International did not shift
to/acquire from a foreign country the supply of call center
services (or like or directly competitive services).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that the subject firm 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 the subject firm 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 satisfied since the subject firm
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 Stream
International, Inc., Richardson, Texas, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C. §
2273.
Signed in Washington, D.C. this 2nd day of December, 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-80,063

STREAM INTERNATIONAL, INC.
RICHARDSON, TEXAS

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
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 petition
filed on March 23, 2011 by a state workforce official on
behalf of workers of Stream International, Inc., Richardson,
Texas. The workers’ firm supplies call center services.
The petition alleges that workers’ jobs were shifted to a
foreign country.
During the course of the investigation, information was
collected from the workers’ firm.
The investigation revealed that Stream International,
Inc., Richardson, Texas, does not produce an article within the
meaning of Section 222(a) or Section 222(b) of the Act.
Rather, the workers’ firm supplies call center 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 alternative trade adjustment
assistance (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 in the
investigation, I determine that workers of Stream
International, Inc., Richardson, Texas, engaged in activities
related to the supply of call center 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 1st day of July, 2011


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







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