DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,052

SYMANTEC CORPORATION
CONTENT GRADING UNIT
INCLUDING ON-SITE LEASED WORKERS FROM PRO UNLIMITED
BEAVERTON, OREGON

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 on February 5, 2014,
resulted in a negative determination, issued on February 28, 2014,
that was based on the findings that Symantec Corporation, Content
Grading Unit, Beaverton, Oregon, does not produce an article within
the meaning of Section 222(a) or Section 222(b) of the Act. The
determination was applicable to workers and former workers of
Symantec Corporation, Content Grading Unit, Beaverton, Oregon.
The workers’ firm is engaged in activities related to the supply
of content grading services. The worker group includes on-site
leased workers from Pro Unlimited.


Workers of the subject firm are eligible to apply for Trade
Adjustment Assistance under TA-W-74,810B (certification expired on
April 20, 2013). Based on information reviewed during the
reconsideration investigation, the Department of Labor determines
that a shift in the supply of content grading services contributed
importantly to worker separations.

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 shifted to a foreign country the supply of services like or
directly competitive with the services supplied by the workers
which contributed importantly to worker group separations at Symantec
Corporation, Content Grading Unit, Beaverton, Oregon.

Conclusion

After careful review, I determine that workers of Symantec
Corporation, Content Grading Unit, Beaverton, Oregon, who are engaged
in activities related to the supply of content grading 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 Symantec Corporation, Content Grading Unit,
including on-site leased workers from Pro Unlimited, Beaverton, Oregon
who became totally or partially separated from employment on or after
April 21, 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 6th day of August, 2015

/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-85,052

SYMANTEC CORPORATION
CONTENT GRADING UNIT
INCLUDING ON-SITE LEASED WORKERS FROM PRO UNLIMTED
BEAVERTON, OREGON


Negative Determination 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 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 February 5, 2014 on behalf of workers of Symantec Corporation,
Content Grading Unit, Beaverton, Oregon (hereafter "Symantec" or
"the subject firm"). The subject worker group consists of
information technology workers who are engaged in activities related
to the supply of content grading services. The worker group includes
on-site leased workers from Pro Unlimited.
Workers of the subject firm are eligible to apply for Trade
Adjustment Assistance under TA-W-74,810B (certification expired on
April 20, 2013).
The petition stated "The whole Beaverton office closed and
RuleSpace department's assets transferred to Dublin, Ireland."
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that Symantec does 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.
During the investigation, the Department obtained information
that revealed that the subject firm did not produce an article but
supplies content grading 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 Symantec Corporation, Content
Grading Unit, including on-site leased workers from Pro Unlimited,
Beaverton, Oregon, 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 28th day of February, 2014


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