DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,151

SOUND PUBLISHING, INC.
EVERETT PRINTING PLANT DIVISION
EVERETT, WASHINGTON

Notice of Negative Determination
on Reconsideration

The initial investigation, initiated May 5, 2011, resulted in
a negative determination, issued on July 5, 2011, that was based on
the finding that the subject firm did not shift production to a
foreign country nor did the subject firm or its major declining
customers increase imports of like or directly competitive
articles. The determination was applicable to workers and former
workers of Sound Publishing, Inc., Everett Printing Plant
Division, Everett, Washington (Sound Publishing). The notice of
negative determination was published in the Federal Register on
July 29, 2011 (76 FR 45623). The workers’ firm is engaged in
activities related to the production of community newspaper
publications and commercial printing. The subject worker group
does not include any on-site leased workers.
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 group
at Sound Publishing, Inc., Everett Printing Plant Division,
Everett, Washington, does not meet the criteria for certification.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased imports of articles like or
directly competitive with the publications or printings produced
by Sound Publishing.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift the
production of publications and printings (or like or directly
competitive articles) to a foreign country or acquire such
production from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Sound Publishing 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 Sound Publishing 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 workers’ 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 Sound
Publishing, Inc., Everett Printing Plant Division, Everett,
Washington, 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-80,151

SOUND PUBLISHING, INC.
EVERETT PRINTING PLANT DIVISION
EVERETT, WASHINGTON

Negative Determinations 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 May 5, 2011 by the Washington State Workforce Office on
behalf of workers of Sound Publishing, Inc., Everett Printing
Plant Division, Everett, Washington (Sound Publishing). The
workers’ firm is engaged in activities related to the production of
community newspapers and supplying commercial web printing
services. The workers are not separately identifiable.
The Washington State Workforce Office alleges that,
“production has been shifted to a foreign country and increased
imports of competitive articles”.
During the course of the investigation, information was
collected from the workers’ firm and a request for information on
a loss bid for a printing contract.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Sound Publishing did not shift the
production of community newspapers or the supply of commercial web
printing services in 2009, 2010, and during the first five months
of 2011. In response to the petitioner’s allegations, Sound
Publishing did not report a shift in production of community
newspapers.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that Sound Publishing did not import
community newspapers like those produced by the workers during
the relevant period.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Sound Publishing 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 Sound Publishing does not act as a
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).
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. 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 all workers of Sound Publishing,
Inc., Everett Printing Plant Division, Everett, Washington who
are engaged in activities related to the production of community
newspapers and supplying commercial web printing services are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, as amended, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974, amended.
Signed in Washington, D.C. this 5th day of July, 2011



/s/Del Min Amy Chen___________
Del Min Amy Chen
Certifying Officer, Office of
Trade Adjustment Assistance



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