DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,286

AFFINITY EXPRESS, INC.
A WHOLLY-OWNED SUBSIDIARY OF LIVEIT INVESTMENT, LTD
A MEMBER OF THE AYALA GROUP OF COMPANIES
INCLUDING ON-SITE LEASED WORKERS FROM
CREATIVE GROUP
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES ARE
REPORTED THROUGH STAFF MANAGEMENT, INC.
COLUMBUS, OHIO

Amended Revised Determination
on Reconsideration

In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act’), (19 USC 2273), the Department of Labor issued a
Revised Determination on Reconsideration on December 15, 2011,
applicable to workers of Affinity Express, Inc., a wholly-owned
subsidiary of LiveIT Investment, LTD, a member of Ayala Group of
Companies, including on-site leased workers from Creative Group,
Columbus, Ohio. The workers’ firm supplies print and advertising
services. The revised notice was published in the Federal
Register on December 29, 2011(76 FR 81991).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. New
information shows that Staff Management, Inc. provides payroll
services for the Columbus, Ohio location of Affinity Express,
Inc., a wholly-owned subsidiary of LiveIT Investment, LTD, a
member of the Ayala Group of Companies. Some workers separated
from employment at the Columbus, Ohio location of the subject
firm had their wages reported through a separate unemployment
insurance (UI) tax account under the name Staff Management, Inc.
Accordingly, the Department is amending this revised
determination to include workers of the subject firm whose
unemployment insurance (UI) wages are reported through Staff
Management, Inc.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
the shift in services from a foreign country the supply of
services that is like or directly competitive to the printing and
advertising services supplied by the workers of the subject firm.


The amended notice applicable to TA-W-80,286 is hereby
issued as follows:
"All workers of Affinity Express, Inc., a wholly-owned
subsidiary of LiveIT Investment, LTD, a member of the
Ayala Group of Companies, including on-site leased
workers from Creative Group, including workers whose
unemployment insurance (UI) wages are reported through
Staff Management, Inc., Columbus, Ohio, who became
totally or partially separated from employment on or
after July 12, 2010, through December 15, 2013, are
eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.”
Signed at Washington, D.C. this 3rd 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-80,286

AFFINITY EXPRESS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM CREATIVE GROUP
COLUMBUS, OHIO


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 13, 2011 by three workers on behalf of workers of
Affinity Express, Inc., Columbus, Ohio (Affinity). The worker group
is engaged in the activities related to the supply of print and
advertising services. The worker group includes on-site leased
workers from Creative Group.
The petition states, “In March 2007 The Columbus outsourced
nearly 100 employees in its Creative Services Department to
Affinity Express in Pune, India. In May 2011 the Columbus Dispatch
no longer needed services from the Affinity Express on-site team,
but continues operations with Affinity Express in Pune, India until
they collaborate with a new outsourcing company.”
The investigation revealed that Affinity does not produce an
article within the meaning of Section 222(a) or Section 222(b) of
the Act. Rather, the subject firm supplied print and advertising
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 Affinity Express,
Inc., including on-site leased workers from Creative Group,
Columbus, Ohio, 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 2nd day of September, 2011


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



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