DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,003

WARNER BROTHERS HOME ENTERTAINMENT INC.
WARNER HOME VIDEO DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
RANDSTAD US, PACIFIC TECH, AND DLC
BURBANK, CALIFORNIA

Notice of Revised Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), 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 TAARA 2015, to the
facts of this petition (statutory reconsideration).
The initial investigation, initiated January 6, 2014, resulted
in a negative determination, issued on March 11, 2014, that was
based on no sales and production decline and no shift in production
to a foreign country. The determination was applicable to workers
and former workers of Warner Brothers Home Entertainment, Inc.,
Warner Home Video division, including on-site leased workers from
Randstad US, Pacific Tech, and DLC, Burbank, California (herein
referred to as “Warner Brothers Home Entertainment, Inc.”).
The workers’ firm is engaged in activities related to the
production of movies and television shows. Specifically, the
workers in the subject worker group are engaged in front and back
end office support services to the firm’s production of movies and
television that are recopied onto DVDs by an unaffiliated firm and
are redistributed to theaters, websites, and retailers.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that an
acquisition of like or directly competitive services from a foreign
country contributed importantly to the workers separations at the
subject firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in such workers’ 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 workers’ firm
has acquired from a foreign country services like or directly
competitive with services supplied by the workers which contributed
importantly to worker group separations at Warner Brothers Home
Entertainment, Inc.
Conclusion
After careful review, I determine that workers of Warner
Brothers Home Entertainment, Inc., Warner Home Video division,
including on-site leased workers from Randstad US, Pacific Tech,
and DLC, Burbank, California, who are engaged in activities related
to production of movies and television shows, specifically front
and back end office support services, 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 Warner Brothers Home Entertainment, Inc.,
Warner Home Video division, including on-site leased workers
from Randstad US, Pacific Tech, and DLC, Burbank, California
who became totally or partially separated from employment on
or after January 3, 2013, 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 26th day of October, 2015


/s/ Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,003

WARNER BROTHERS HOME ENTERTAINMENT INC.
WARNER HOME VIDEO DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
RANDSTAD US, PACIFIC TECH, AND DLC
BURBANK, CALIFORNIA

Negative Determinations 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 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
term "Supplier" as "a firm that produces and supplies directly
to another firm or subdivision component parts for articles that
were the basis for certification of eligibility under subsection
(a) of a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on January 6, 2014 by a state workforce office on behalf
of workers of Warner Brothers Home Entertainment Inc., Warner
Home Video Division, Burbank, California (Warner Brothers Home
Entertainment Inc.). The workers' firm is engaged in activities
related to production of movies and television (TV) shows in DVD
format. The worker group includes on-site leased workers from
Randstad US, Pacific Tech, and DLC.
The petitioner alleges that there was a loss of business
with a TAA-certified firm and that work was shifted to a
foreign country. During the course of the investigation,
information was collected from the workers' firm and the
petitioner.
With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that Warner Brothers Home Entertainment
has not experienced a sales or production decline in 2012 or
2013.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm has not shifted
production of articles to a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Warner Brothers Home Entertainment
Inc. is not a Supplier or 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)
because the workers' firm does not produce component parts or
perform value-added production processes.
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 all workers of Warner Brothers
Home Entertainment Inc., Warner Home Video Division, Burbank,
California engaged in activities related to the production of
movies and television (TV) shows in DVD format are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, as amended, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974, amended.
Signed in Washington, D.C. this 11th day of March, 2014

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