DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,280

CLIENT SERVICES, INC.
DENISON, TEXAS

Notice of Revised Determination
on Reconsideration

The initial investigation, initiated July 12, 2011, resulted in
a negative determination, issued on August 19, 2011, that was based
on the absence of a produced article. The determination was
applicable to workers and former workers of Client Services, Inc.,
Denison, Texas. The notice of determination was published in the
Federal Register on September 2, 2011 (76 FR 54795). The workers’
firm supplies debt collection services. The subject worker group
supplies customer support services.
As required by the Trade Adjustment Assistance 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 the information reviewed during the reconsideration
investigation, the Department of Labor determines that the worker
group meets the requirements for eligibility to apply for Trade
Adjustment Assistance (TAA).
Section 222(a)(1) has been met because a significant number or
proportion of the workers at the subject firm have become totally or
partially separated, or are threatened with such separation.
Section 222(a)(2)(B) has been met because the workers’ firm has
shifted to a foreign country the supply of services like or directly
competitive with those supplied by the subject workers which
contributed importantly to separations at the subject firm.
Conclusion
After careful review, I determine that workers of Client
Services, Inc., Denison, Texas, who were engaged in employment
related to the supply of debt collection services, meet the worker
group certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Client Services, Inc., Denison, Texas, who became
totally or partially separated from employment on or after July
11, 2010, through two years from the date of this certification,
and all workers in the group threatened with total or partial
separation from employment on December 20, 2011 through two years
from the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the Trade
Act of 1974, as amended.”
Signed in Washington, D.C., this 9th 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-80,280

CLIENT SERVICES, INC.
DENISON, 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 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 July 12, 2011 by three workers on behalf of workers of Client
Services, Inc., Denison, Texas (Client Services). The worker group is
engaged in the activities related to the supply of debt collection
services.
The petitioner alleges that, “The Denison office was shut down
on July 1, 2011 – another location was opened in Costa Rica.”
The investigation revealed that Client Services does not produce
an article within the meaning of Section 222(a) or Section 222(b) of
the Act. Rather, the workers’ firm supplied debt collection services
to customers of the firm. 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 all workers of Client Services, Inc., Denison,
Texas, 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 19th day of August, 2011


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






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