DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,284

IBM CORPORATION
STRATEGY AND SALES TRANSFORMATION ORGANIZATION
OPPORTUNITY TO ORDER AND SALES ENTERPRISE PROCESS OWNER,
TECHNICAL LEADERSHIP, AND STRATEGY AND SALES TRANSFORMATION
SUB-ORGANIZATIONS
ARMONK, NEW YORK

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 (ITC) 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 December 20, 2012 by a Massachusetts State Workforce
Office on behalf of workers of IBM Corporation (IBM), Sales
and Strategy Transformation Organization, Opportunity to Order
and Sales and Enterprise Process Owner, Technical Leadership,
and Strategy and Sales Transformation Sub-Organizations,
Armonk, New York (IBM-Opportunity to Order and Sales and
Enterprise Process Owner/Technical Leadership/Strategy and
Sales Transformation).
While the Sales and Strategy Transformation Organization
consists of multiple sub-organization, the immediate petition
covers only workers within the following sub-organizations:
1) Opportunity to Order and Sales and Enterprise Process
Owner, 2) Technical Leadership, and 3) Strategy and Sales
Transformation. Therefore, workers who are not part of those
sub-organizations are excluded from the subject worker group.
Workers of IBM who are not part of the subject worker
group may be eligible to apply for Trade Adjustment Assistance
under TA-W-82,080.
Members of IBM-Opportunity to Order and Sales and
Enterprise Process Owner/Technical Leadership/Strategy and
Sales Transformation (subject worker group) are engaged in
activities related to the supply of customer and sales
configuration services, work remotely at various locations
throughout the United States, and report to senior management
in Armonk, New York. The subject worker group does not include
leased workers.
The petition alleges a shift of supply of services to
foreign countries, and identified Malaysia, India and China as
possible countries to where the supply of services shifted.
The petition included attachments.
During the course of the investigation, information was
collected from IBM and a former worker.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that IBM-Opportunity to Order and Sales
and Enterprise Process Owner/Technical Leadership/Strategy and
Sales Transformation does not import services like or directly
competitive with those supplied by the subject worker group.
Because the subject workers provide services internal to IBM
operations, no customer surveys were conducted in the course
of the investigation.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that IBM-Opportunity to Order and Sales
and Enterprise Process Owner/Technical Leadership/Strategy and
Sales Transformation did not shift the supply of like or
directly competitive services to, or acquire the supply of
such services from, a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that IBM-Opportunity to Order and Sales
and Enterprise Process Owner/Technical Leadership/Strategy and
Sales Transformation is neither 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) nor a Downstream Producer for 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 since the workers'
firm has not been publically identified by name by ITC 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 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 IBM
Corporation, Sales and Strategy Transformation Organization,
Opportunity to Order and Sales and Enterprise Process Owner,
Technical Leadership, and Strategy and Sales Transformation
Sub-Organizations, Armonk, New York, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19
U.S.C. § 2273.
Signed in Washington, D.C. this 22nd day of February, 2013


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