DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-83,346

VON HOFFMAN CORPORATION
A SUBSIDIARY OF RR DONNELLEY & SONS COMPANY
JEFFERSON CITY PLANT
INCLUDING ON-SITE LEASED WORKERS FROM
EMPLOYMENT PLUS AND MANPOWER
JEFFERSON CITY, MISSOURI

Notice of Revised Determination
on Reconsideration

On April 8, 2014, the Department of Labor (Department) issued an Affirmative Determination Regarding Application for Reconsideration applicable to workers and former workers of Von Hoffman Corporation, a subsidiary of RR Donnelley & Sons Company, Jefferson City Plant, including on-site leased workers from Employment Plus and Manpower, Jefferson City, Missouri (subject firm). The Department’s Notice of determination was published in the Federal Register on April 29, 2014 (79 FR 24014). Workers are engaged in employment related to the production of educational textbooks and commercial catalogues.
During the reconsideration investigation, the Department carefully reviewed previously-submitted information, obtained additional information from the subject firm, and conducted an industry analysis of like or directly competitive articles.
Previously-provided information reveals that a significant number or proportion of workers at the subject firm was separated and that sales and production at the subject firm declined.
Based on new information obtained during the reconsideration investigation, the Department determines that increased imports of articles like or directly competitive with those produced by the subject firm contributed importantly to worker separations.
Conclusion
After careful review of the additional facts obtained on reconsideration, I determine that workers of the subject firm, who were engaged in employment related to production of textbooks and catalogues, 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 Von Hoffman Corporation, a subsidiary of RR Donnelley & Sons Company, Jefferson City Plant, including on-site leased workers from Employment Plus and Manpower, Jefferson City, Missouri, who became totally or partially separated from employment on or after December 26, 2012, through two years from the date of this certification, and all workers in the group threatened with total or partial separation from employment on 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 27th day of June, 2014

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-83,346

VON HOFFMANN CORPORATION
A SUBSIDIARY OF RR DONNELLEY & SONS COMPANY
JEFFERSON CITY PLANT
INCLUDING ON-SITE LEASED WORKERS FROM
EMPLOYMENT PLUS AND MANPOWER
JEFFERSON CITY, MISSOURI

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated March 24, 2014, a worker requested administrative reconsideration of the negative determination regarding workers’ eligibility to apply for Trade Adjustment Assistance (TAA) applicable to workers and former workers of the subject firm. The determination was issued on February 27, 2014.
The determination was based on the Department’s findings that there was no increase in imports of textbooks or catalogues, or like or directly competitive articles (including e-books); there was no shift in production by the subject firm to a foreign country, and no acquisition in production by the subject firm from a foreign country; the workers are not secondarily-affected workers; and the subject firm was not named by the International Trade Commission as required by Section 222(e) of the Trade Act, as amended.
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
misinterpretation of facts or of the law justified
reconsideration of the decision.
The request for reconsideration identifies a new source of information regarding a shift of production to India and Mexico.
The Department has carefully reviewed the request for reconsideration and the existing record, and has determined that the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974, as amended.
Conclusion
After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department of Labor's prior decision. The application is, therefore, granted.
Signed at Washington, D.C., this 8th day of April, 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-83,346

VON HOFFMANN CORPORATION
A SUBSIDIARY OF RR DONNELLEY & SONS COMPANY
JEFFERSON CITY PLANT
INCLUDING ON-SITE LEASED WORKERS FROM
EMPLOYMENT PLUS AND MANPOWER
JEFFERSON CITY, MISSOURI


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 31, 2013 on behalf of workers of Von Hoffmann
Corporation, a subsidiary of RR Donnelley & Sons Company,
Jefferson City Plant, Jefferson City, Missouri ("subject
firm"). Workers at Von Hoffman are engaged in activities related
to the production of educational textbooks and commercial
catalogs. The worker group includes on-site leased workers
from Employment Plus and Manpower.
The petition states "production being shifted to a foreign
country. increased imports creating loss of business. other RR
Donnelley TAA Petitions were certified case #s 82449, 82003,
81449, 74945" and included a supporting document.
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that that Criterion (2)(A)(ii) has not
been met because imports of products like or directly
competitive with educational textbooks and commercial catalogs
by the subject firm and their customers have not or have not
significantly increased during the relevant period.
With respect to Section 222(a)(2)(A) of the Act, the
investigation revealed that imports of articles like or
directly competitive with educational textbooks and commercial
catalogs produced by Von Hoffman (such as electronic books) have
not increased during the relevant period. The subject firm did
not report any imports during the relevant period. A customer
survey conducted by the Department revealed that, during the
relevant period, imports of articles like or directly
competitive with the educational textbooks and commercial
catalogs produced by Von Hoffman did not increase.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Von Hoffman did not shift production
of articles like or directly competitive with the educational
textbooks and commercial catalogs produced by the subject firm
to a foreign country, and did not acquire such production from a
foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Von Hoffman is neither a Supplier
nor 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 Von Hoffman
has not been publically identified by name by the 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 Von Hoffmann
Corporation, a subsidiary of RR Donnelley & Sons Company,
Jefferson City Plant, including on-site leased workers from
Employment Plus and Manpower, Jefferson City, Missouri, 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 February, 2014

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