DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,035

HEWLETT PACKARD COMPANY
LASERJET HARDWARE
A DIVISION OF LASERJET ENTERPRISE SOLUTIONS
PRINTING AND PERSONAL SYSTEMS
FORT COLLINS, COLORADO

TA-W-85,035A

HEWLETT PACKARD COMPANY
CUSTOMER ASSURANCE,
A DIVISION OF LASERJET ENTERPRISE SOLUTIONS
PRINTING AND PERSONAL SYSTEMS
FORT COLLINS, COLORADO

TA-W-85,035B

HEWLETT PACKARD COMPANY
LES PLATFORM ENABLEMENT LAB
A DIVISION OF LASERJET ENTERPRISE SOLUTIONS
PRINTING AND PERSONAL SYSTEMS
FORT COLLINS, COLORADO

TA-W-85,035C

HEWLETT PACKARD COMPANY
INDUSTRIAL DESIGN GROUP
LASERJET HARDWARE
A DIVISION OF LASERJET ENTERPRISE SOLUTIONS
PRINTING AND PERSONAL SYSTEMS
BOISE, IDAHO

Notice of 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 on January 27, 2014,
resulted in a negative determination, issued on May 23, 2014, based
on the Department’s finding that the subject firm does not produce an
article. The determination was applicable to workers and former
workers of Hewlett Packard Company, LaserJet Hardware, a division of
LaserJet Enterprise Solutions, Printing and Personal Systems, Fort
Collins, Colorado (TA-W-85,035); Hewlett Packard Company, Customer
Assurance, a division of Laserjet Enterprise Solutions, Printing and
Personal Systems, Fort Collins, Colorado (TA-W-85,035A); Hewlett
Packard Company, LES Platform Enablement Lab, a division of Laserjet
Enterprise Solutions, Printing and Personal Systems, Fort Collins,
Colorado (TA-W-85,035B); and Hewlett Packard Company, Industrial
Design Group, LaserJet Hardware, a division of Laserjet Enterprise
Solutions, Printing and Personal Systems, Boise, Idaho (TA-W-
85,035C). The respective worker groups are engaged in activities
related to the supply of supply of business and engineering services
(TA-W-85,035), customer assurance services (TA-W-85,035A), product
delivery coordination services (TA-W-85,035B) and industrial design
services (TA-W-85,035C). The subject worker groups do not include
leased workers.
Based on information reviewed during the reconsideration
investigation, the Department determines that three of the subject
worker groups have not met the requirements for certification.
With regards to TA-W-85,035, TA-W-85,035A, and TA-W-85,035D, the
Department determines that Section 222(a)(1) and Section 222(b)(1)
have not been met because a significant number or proportion of the
workers at each of the afore-mentioned worker group have not become
totally or partially separated, or are threatened to become totally
or partially separated, per 29 CFR 90. Specifically, during the one-
year period prior to the petition date (January 24, 2014), fewer than
three workers at Hewlett Packard Company, LaserJet Hardware, a
division of LaserJet Enterprise Solutions, Printing and Personal
Systems, Fort Collins, Colorado (TA-W-85,035) was totally or
partially separated, or are threatened to become totally or partially
separated; fewer than three workers at Hewlett Packard Company,
Customer Assurance, a division of Laserjet Enterprise Solutions,
Printing and Personal Systems, Fort Collins, Colorado (TA-W-85,035A)
was totally or partially separated, or are threatened to become
totally or partially separated; and fewer than three workers at
Hewlett Packard Company, Industrial Design Group, LaserJet Hardware,
a division of Laserjet Enterprise Solutions, Printing and Personal
Systems, Boise, Idaho (TA-W-85,035C) was totally or partially
separated, or are threatened to become totally or partially
separated.
With regards to TA-W-85,035B, the Department determines that
the requirements for certification have been met.
Section 222(a)(1) has been met because a significant number or
proportion of the workers in Hewlett Packard Company, LES Platform
Enablement Lab, a division of Laserjet Enterprise Solutions, Printing
and Personal Systems, Fort Collins, Colorado 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
shifted to a foreign country the supply of a services like or
directly competitive with the product delivery coordination services
supplied by the subject workers which contributed importantly to
worker group separations at Hewlett Packard Company, LES Platform
Enablement Lab, a division of Laserjet Enterprise Solutions,
Printing and Personal Systems, Fort Collins, Colorado.
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, deny the petition for group eligibility of workers of
Hewlett Packard Company, LaserJet Hardware, a division of LaserJet
Enterprise Solutions, Printing and Personal Systems, Fort Collins,
Colorado (TA-W-85,035); Hewlett Packard Company, Customer Assurance,
a division of Laserjet Enterprise Solutions, Printing and Personal
Systems, Fort Collins, Colorado (TA-W-85,035A); and Hewlett Packard
Company, Industrial Design Group, LaserJet Hardware, a division of
Laserjet Enterprise Solutions, Printing and Personal Systems, Boise,
Idaho (TA-W-85,035C), to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.
After careful review, I determine that workers of Hewlett
Packard Company, LES Platform Enablement Lab, a division of Laserjet
Enterprise Solutions, Printing and Personal Systems, Fort Collins,
Colorado (TA-W-85,035B, who are engaged in activities related to the
supply of product delivery coordination 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 Hewlett Packard Company, LES Platform Enablement
Lab, a division of Laserjet Enterprise Solutions, Printing and
Personal Systems, Fort Collins, Colorado (TA-W-85,035B, who
became totally or partially separated from employment on or after
January 24, 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 31st day of March, 2016


/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-85,035

HEWLETT PACKARD COMPANY
LASERJET HARDWARE
A DIVISION OF LASERJET ENTERPRISE SOLUTIONS
PRINTING AND PERSONAL SYSTEMS
FORT COLLINS, COLORADO

TA-W-85,035A

HEWLETT PACKARD COMPANY
CUSTOMER ASSURANCE
A DIVISION OF LASERJET ENTERPRISE SOLUTIONS
PRINTING AND PERSONAL SYSTEMS
FORT COLLINS, COLORADO

TA-W-85,035B

HEWLETT PACKARD COMPANY
LES PLATFORM ENABLEMENT LAB
A DIVISION OF LASERJET ENTERPRISE SOLUTIONS
PRINTING AND PERSONAL SYSTEMS
FORT COLLINS, COLORADO

TA-W-85,035C

HEWLETT PACKARD COMPANY
INDUSTRIAL DESIGN GROUP
LASERJET HARDWARE
A DIVISIONI OF LASERJET ENTERPRISE SOLUTIONS
PRINTING AND PERSONAL SYSTEMS
BOISE, IDAHO

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
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 January 27, 2014 by a state workforce official on behalf of the
workers of Hewlett Packard Company, LaserJet Hardware, a division of
LaserJet Enterprise Solutions, Printing and Personal Systems, Fort
Collins, Colorado (TA-W-85,035); Hewlett Packard Company, Customer
Assurance, a division of LaserJet Enterprise Solutions, Printing and
Personal Systems, Fort Collins, Colorado (TA-W-85,035A); Hewlett
Packard Company, LES Platform Enablement Lab, a division of LaserJet
Enterprise Solutions, Printing and Personal Systems, Fort Collins,
Colorado (TA-W-85,035B); and Hewlett Packard Company, Industrial
Design Group, LaserJet Hardware, a division of LaserJet Enterprise
Solutions, Printing and Personal Systems, Boise, Idaho (TA-W-
85,035C).
The workers of Hewlett Packard Company, LaserJet Hardware, a
division of LaserJet Enterprise Solutions, Printing and Personal
Systems, Fort Collins, Colorado (TA-W-85,035) were engaged in
activities related to the supply of business and engineering
services. The workers of Hewlett Packard Company, Customer Assurance,
a division of LaserJet Enterprise Solutions, Printing and Personal
Systems, Fort Collins, Colorado (TA-W-85,035A) were engaged in
activities related to the supply of customer assurance services.
The workers of Hewlett Packard Company, LES Platform Enablement Lab,
a division of LaserJet Enterprise Solutions, Printing and Personal
Systems, Fort Collins, Colorado (TA-W-85,035B) were engaged in
activities related to the supply of product delivery coordination
services. The workers of Hewlett Packard Company, Industrial Design
Group, LaserJet Hardware, a division of LaserJet Enterprise
Solutions, Printing and Personal Systems, Boise, Idaho (TA-W-85,035C)
were engaged in activities related to the supply of industrial design
services. The worker groups are separately identifiable by service
supplied.
The petitioner alleges “It is believed services were moved to
Shanghai, China. It appears the following Overall Group was impacted:
Personal & Printing Systems (PPS or PPSG) with Group: Laserjet
Enterprise Systems (LES) with the Scanner Division, LaserJet
Hardware, and Around the Box (ATB) reporting this group…”
During the course of the investigation, information was
collected from the workers’ firm.
The investigation revealed that the subject workers do 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. The subject workers supply 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 all workers of Hewlett Packard Company, LaserJet
Hardware, a division of LaserJet Enterprise Solutions, Printing and
Personal Systems, Fort Collins, Colorado (TA-W-85,035); Hewlett
Packard Company, Customer Assurance, a division of LaserJet
Enterprise Solutions, Printing and Personal Systems, Fort Collins,
Colorado (TA-W-85,035A); Hewlett Packard Company, LES Platform
Enablement Lab, a division of LaserJet Enterprise Solutions, Printing
and Personal Systems, Fort Collins, Colorado (TA-W-85,035B); and
Hewlett Packard Company, Industrial Design Group, a division of
LaserJet Hardware, LaserJet Enterprise Solutions, Printing and
Personal Systems, Boise, Idaho (TA-W-85,035C), 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 23rd day of May, 2014


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