DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,152

COMPONE SERVICES, LTD
ITHACA, NEW YORK


Notice of Negative Determination
on Reconsideration

The initial investigation, initiated on May 5, 2011, resulted
in a negative determination based on the findings that the subject
firm did not produce an article within the meaning of Section
222(a) or Section 222(b) of the Trade Act, as amended. The negative
determination, issued on August 3, 2011, was applicable to workers
and former workers of CompONE Services, LTD, Ithaca, New York
(CompONE). The Department’s Notice of negative determination was
published in the Federal Register on August 18, 2011 (76 FR 51435).
On September 1, 2011, petitioners filed an application for
administrative reconsideration of the negative determination
regarding workers’ eligibility to apply for worker adjustment
assistance. The Department issued a negative determination on the
application on September 16, 2011.
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.
The information collected during the initial and
reconsideration investigations revealed that the workers at the
subject firm were engaged in activities related to third party
medical billing and coding. The petitioners claimed that the
services supplied by the workers shifted to Vietnam. However, the
reconsideration investigation revealed that the services of the
workers did not shift abroad during the relevant time period.
The Department conducted a customer survey to determine if
customers of the subject firm imported, during the relevant time
period, services like or directly competitive with the medical
billing and coding services supplied by the subject firm. The
survey revealed that none of the surveyed customers imported these
services during the period under investigation.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that during the relevant time period,
neither the subject firm nor its customers imported services like
or directly competitive with the medical billing and coding
services provided by workers at the subject firm.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift the
supply of medical billing and coding services, or like or
directly competitive services, to a foreign country or acquire
medical billing and coding services, or like or directly
competitive services, from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that CompONE is not a Supplier and 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).
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 of the facts obtained on reconsideration,
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 CompONE Services, LTD, Ithaca, 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 21st day of February, 2012
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,152

COMPONE SERVICES, LTD
ITHACA, 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 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, on behalf of workers of CompONE Services,
LTD, Ithaca, New York. The workers’ firm is engaged in activities
related to the supply of medical billing and coding services.
The petitioners’ allege that the worker separations at the
subject facility are due to a shift of services to a foreign
country. During the course of the investigation, information was
collected from the workers’ firm.
The investigation revealed that CompONE, does not produce an
article within the meaning of Section 222(a) or Section 222(b) of
the Act. Rather, the workers’ firm supplied services related to
medical billing and coding. 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 CompONE Services, LTD,
Ithaca, New York, engaged in activities related to the supply of
medical billing and coding 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 3rd day of August, 2011


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







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