DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,256

THE NEWS & OBSERVER PUBLISHING COMPANY
A SUBSIDIARY OF THE MCCLATCHY COMPANY
RALEIGH, NORTH CAROLINA

Notice of Negative Determination
on Reconsideration

The initial investigation, initiated June 28, 2011, resulted in
a negative determination, issued on July 20, 2011, that was based on
a finding that Criterion (1) had not been met because a significant
number or proportion of the workers in such workers’ firm have not
become totally or partially separated, nor were they threatened with
such separation. The determination was applicable to workers and
former workers of The News & Observer Publishing Company, a
subsidiary of the McClatchy Company, Raleigh, North Carolina
(subject firm). The notice of negative determination was published
in the Federal Register on August 12, 2011 (76 FR 50270). The
workers’ firm is engaged in the production of newspapers.
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 a significant
number or proportion of the workers at the subject firm have not
become totally or partially separated, nor are they threatened with
such separation. A significant number or proportion of the workers in
a firm or appropriate subdivision means at least three workers in a
workforce of fewer than 50 workers.
With respect to Section 222(a) and Section 222(b) of the Act,
the investigation revealed that Criterion (1) has not been met
because only one worker at the subject firm was separated and no
other workers were threatened with total or partial separation.
Finally, the group eligibility requirements under Section 222(e)
of the Act, have not been met because 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 The News &
Observer Publishing Company, a subsidiary of the McClatchy Company,
Raleigh, North Carolina, to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 18th 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-80,256

THE NEWS & OBSERVER PUBLISHING COMPANY
A SUBSIDIARY OF THE MCCLATCHY COMPANY
RALEIGH, NORTH CAROLINA

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
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 June 28, 2011 by a company official on behalf of workers of The
News & Observer Publishing Company, a subsidiary of the McClatchy
Company, Raleigh, North Carolina. The workers’ firm is engaged in
activities related to the production of newspapers and
advertisements.
The petitioner alleges that advertising design services have
been shifted to a foreign country. During the course of the
investigation, information was collected from the workers’ firm.
With respect to Section 222(a) and Section 222(b) of the Act,
the investigation revealed that Criterion (1) has not been met
because a significant number or proportion of the workers in such
workers’ firm, have not become totally or partially separated, nor
are they threatened to become totally or partially separated.
Rather, the investigation confirmed that only one worker has been
totally or partially separated, and that no additional workers are
threatened.
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 The News & Observer Publishing
Company, a subsidiary of the McClatchy Company, Raleigh, North
Carolina engaged in activities related to the production of
newspapers and advertisements 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 20th day of July, 2011


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




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