U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,291

RR DONNELLEY & SONS, INC.
PREMEDIA SERVICES DIVISION
INCLUDING LEASED WORKERS FROM KELLY SERVICES
SEATTLE, WASHINGTON

Notice of Revised Determination
on Reconsideration


The initial investigation, initiated July 15, 2011, resulted
in a negative determination, issued on November 17, 2011, that was
based on the absence of increased imports and shift in production.
The determination was applicable to workers and former workers of
RR Donnelley & Sons, Inc., Premedia Services Division, Seattle,
Washington (hereafter referred to as “the subject firm” and “RR
Donnelley & Sons, Inc., Premedia Services Division”). The worker
group includes leased workers from Kelly Services. The notice of
notice of affirmative application for reconsideration was published
in the Federal Register on February 8, 2012 (77 FR 6584). The
workers were engaged in activities related to the production of
digital photography, printed proofs and digital files.
In the request for reconsideration, the petitioner supplied
new information regarding a possible shift to/acquisition from a
foreign country by the subject firm in the production of articles
like or directly competitive with the digital photography,
printed proofs and digital files produced by the subject workers.
Based on careful review during the reconsideration
investigation, the Department of Labor determines that the worker
group at RR Donnelley & Sons, Inc., Premedia Services Division
meets the requirements for eligibility to apply for trade
adjustment assistance.
Section 222(a)(1) has been met because a significant number or
proportion of the workers in the subject firm have become totally
or partially separated, or are threatened to become totally or
partially separated.
Section 222(a)(2)(B) has been met because the subject firm has
shifted to a foreign country the production of articles like or
directly competitive with the digital photography, printed proofs
and digital files produced by the subject workers which contributed
importantly to worker group separations at RR Donnelley & Sons,
Inc., Premedia Services Division.
Conclusion
After careful review, I determine that workers of RR Donnelley,
Premedia Services Division, including leased workers from Kelly
Services, Seattle, Washington, who were engaged in employment
related to the production of digital photography, printed proofs
and digital files, 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 RR Donnelley & Sons, Inc., Premedia Services
Division, including leased workers from Kelly Services,
Seattle, Washington, who became totally or partially separated
from employment on or after February 13, 2010, through two
years from the date of certification, and all workers in the
group threatened with total or partial separation from
employment on the date of certification 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 16th 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-80,291

R R DONNELLEY & SONS, INC.
PREMEDIA SERVICES DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES
SEATTLE, WASHINGTON

Negative Determination Regarding Eligibility
To Apply for Worker 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), (b) or
(e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e).
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. § 2282(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm must
have become totally or partially separated or be threatened
with total or partial separation.

(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) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the component
part produced by the workers’ firm was directly
incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers’ firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers’
firm was directly incorporated have increased.
(iii) the increase in imports 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.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or supply
of services like or directly competitive with those
produced/supplied by the workers’ firm; OR
(II) there has been an acquisition from a foreign country
by the workers’ firm of articles/services that are like
or directly competitive with those produced/supplied by
the workers’ firm; and
(ii) the shift described in clause (i)(I) or the acquisition
of articles or services described in clause (i)(II)
contributed importantly to such workers’ separation or
threat of separation.

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 or service 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.”
Workers of a firm may also be considered eligible if they are
publicly identified by name by the International Trade Commission
as a member of a domestic industry in an investigation resulting in
a category of determination that is listed in Section 222(e) of the
Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm under
Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be satisfied if
the following criteria are met:
(1) the workers’ firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));

(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on July 15, 2011 by a State Workforce Office on behalf of
workers of R R Donnelley & Sons, Inc., Premedia Services Division,
Seattle, Washington (R R Donnelley). The workers’ firm is engaged
in activities related to the production of digital photography,
printed proofs and digital files. The workers are not separately
identifiable. The subject worker group includes on-site leased
workers from Kelly Services.
The petitioner alleges that the production has been shifted to
a foreign country and that the activities related to the production
of digital photography, printed proofs and digital files have been
outsourced to India.
During the course of the investigation, information was
collected from the workers’ firm its major declining customers and
the petitioner.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that R R Donnelley did not import digital
photography, printed proofs and digital files or a like or directly
competitive article in 2009, 2010, or January through June 2011.
Surveys of R R Donnelley’s major declining customers revealed no
imports of digital photography, printed proofs and digital files or
a like or directly competitive article during the relevant period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the production
of digital photography, printed proofs and digital files or a like
or directly competitive articles to a foreign county or acquire the
production of digital photography, printed proofs and digital files
from a foreign county during the relevant period. The alleged shift
in production occurred outside the relevant period and did not
contribute importantly to the separations at R R Donnelley.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that R R Donnelley 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 R R Donnelley 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 because the workers’
firm has not been publically identified by name by the
International Trade Commission as a member of a domestic industry
resulting in an affirmative finding of serious injury, market
disruption, or material injury, or threat thereof.


Conclusion
After careful review of the facts obtained in the
investigation, 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 R R Donnelley & Sons, Inc.,
Premedia Services Division, including on-site leased workers from
Kelly Services, Seattle, Washington engaged in activities related
to the supply of prepress services and production of digital to
apply for adjustment assistance, in accordance with Section 223 of
the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 17th day of November, 2011


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







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