DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,407

CHEP USA
INFORMATION SYSTEMS DIVISION
A SUBSIDIARY OF BRAMBLES LIMITED
ORLANDO, FLORIDA

Notice of Negative Determination
on Reconsideration

The initial investigation, initiated on September 1, 2011,
resulted in a negative determination based on the findings that the
subject firm did not produce an article. The negative
determination, issued on October 5, 2011, was applicable to workers
and former workers of CHEP USA, Information Systems Division, a
Subsidiary of Brambles Group Limited, Orlando, Florida. The notice
of negative determination was published in the Federal Register on
October 26, 2011 (76 FR 66330). CHEP USA supplies services related
to pallet and container rental. Workers of CHEP USA, Information
Systems Division, Orlando, Florida (subject worker group) were
engaged in services related to information technology (IT)
functions for internal operations and customer support.
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 on the information collected during the reconsideration
investigation, the Department determines that the subject worker
group is not eligible to apply for Trade Adjustment Assistance.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that neither the subject firm nor its
customers increased imports of services like or directly
competitive with those provided by the subject worker group.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift the
supply of IT services provided by the subject worker group (or like
or directly competitive services) to a foreign country or acquire
like or directly competitive services from a foreign country.
Rather, the services supplied by the subject worker group were
transferred to a domestic firm.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that CHEP USA 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 CHEP USA, Information Systems
Division, Orlando, Florida 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 CHEP USA, Information Systems Division, a
Subsidiary of Brambles Limited, Orlando, Florida, to apply for
adjustment assistance, in accordance with Section 223 of the Act,
19 U.S.C. § 2273.
Signed in Washington, D.C. this 27th day of January, 2012
/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-80,407

CHEP USA
INFORMATION SYSTEMS DIVISION
A SUBSIDIARY OF BRAMBLES LIMITED
ORLANDO, FLORIDA

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 September 1, 2011 on behalf of workers of CHEP USA,
Information Systems Division, a subsidiary of Brambles Limited,
Orlando, Florida (CHEP USA). The worker group supplies
computer support services in support of the firm’s pallet
rental business.
The petition alleges that workers’ jobs were shifted to a
foreign country.
During the course of the investigation, information was
collected from the workers’ firm.
The investigation revealed that CHEP USA does not produce
an article within the meaning of Section 222(a) or Section
222(b) of the Act. 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.
During the investigation, the Department of Labor obtained
information that revealed that the workers’ firm did not produce an
article; rather, the workers’ firm supplied services related to the
supply of pallet rental services.
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 CHEP USA,
Information Systems Division, a subsidiary of Brambles Limited,
Orlando, Florida, engaged in activities related to the supply
of pallet rental 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 5th day of October, 2011


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







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