DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,371

T-MOBILE USA, INC.
CORE FAULT ISOLATION TEAM
ENGINEERING DIVISION
BETHLEHEM, PENNSYLVANIA


Notice of Negative Determination
on Reconsideration

On May 8, 2013, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of T-Mobile USA, Inc., Core Fault
Isolation Team, Engineering Division, Bethlehem, Pennsylvania
(subject firm). The Department’s Notice was published in the
Federal Register on May 24, 2013 (78 FR 31592). The subject
workers are engaged in activities related to the supply of
technical trouble-shooting services for T-Mobile USA, Inc.
customers. T-Mobile USA, Inc. is an international mobile
communications company.
Pursuant to 29 CFR 90.18(c), reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative determination
based on no shift in services and no company or customer imports of
like or directly competitive services.
In the request for reconsideration, the petitioners asserted
that the subject firm had acquired from a foreign country services
like or directly competitive with those provided by the workers at
the subject firm and that the subject workers provided value-added
services to a firm that employed a worker group eligible to apply
for Trade Adjustment Assistance (T-Mobile, Allentown, Pennsylvania;
TA-W-81,520). Specifically, the request states “our separations
were in fact attributable to the shift of services to a foreign
country by T—Mobile USA.”
In support of the assertion that the workers are secondarily-
affected, the request states “our team was created to provide this
location [Allentown, Pennsylvania call center] with a value added
service by providing the bridge for the communication gap between
T-Mobile USA’s Allentown technical support group and T-Mobile USA’s
engineering teams.”
During the reconsideration investigation, the Department
carefully reviewed previously-submitted information, reviewed the
certification of TA-W-81,520, and directed the subject firm to
address the assertions in the request for reconsideration.
Information obtained during the reconsideration investigation
revealed that the Core Fault Isolation Team received work orders
from various call centers (not only the Allentown or Bethlehem,
Pennsylvania centers), operation centers, and from other internal
and external customers.
Based on information obtained during the reconsideration
investigation, the Department affirms that the subject firm did not
import from another country the supply of technical trouble-
shooting services; that the subject firm did not shift to a foreign
country or acquire from a foreign country the supply of services
like or directly competitive with those provided by the workers at
the subject firm; that the subject workers do not qualify as
Downstream Producers because they did not supply value-added
services, as defined by the Trade Act, as amended.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, affirm the negative determination applicable to workers
and former workers of T-Mobile USA, Inc., Core Fault Isolation
Team, Engineering Division, Bethlehem, Pennsylvania, in accordance
with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. on this 12th day of March, 2014
/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-82,371

T-MOBILE USA, INC.
CORE FAULT ISOLATION TEAM
ENGINEERING DIVISION
BETHLEHEM, PENNSYLVANIA

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 January 28, 2013 on behalf of workers at T-Mobile USA,
Inc., Core Fault Isolation Team, Engineering Division, Bethlehem,
Pennsylvania. The workers’ firm is an international mobile
communications company. The subject worker group is engaged in
activities related to technical trouble-shooting.
The petitioners alleged that the closure of a T-Mobile
facility in Allentown, Pennsylvania led to separations in the Core
Fault Isolation Team. During the course of the investigation,
information was collected from the workers’ firm.
With respect to Section 222(a)(2)(A) of the Act, the
investigation revealed that imports of services like or directly
competitive with services performed by the Core Fault Isolation
Team have not increased.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the worker separations are not
attributable to a shift of services to a foreign country by T-
Mobile USA, Inc., or an acquisition of services from a foreign
country by T-Mobile USA, Inc. Rather, the investigation confirmed
that the separations among the Core Fault Isolation Team are
attributable to a shift of technical trouble-shooting services to
another location within the United States, and are not
attributable to the acquisition of services from a foreign
country that contributed importantly to separations at the
Allentown, Pennsylvania facility.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that T-Mobile USA, Inc., is not 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).
Finally, the group eligibility requirements under Section
222(e) of the Act have not been satisfied because the workers’ firm
has not been publicly 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 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 T-Mobile USA, Inc., Core
Fault Isolation Team, Engineering Division, Bethlehem,
Pennsylvania, to apply for adjustment assistance, in accordance
with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 15th day of March, 2013.


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






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