Denied
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TAW-85062  /  Computer Sciences Corporation (El Segundo, CA)

Petitioner Type: State
Impact Date:
Filed Date: 02/11/2014
Most Recent Update: 03/14/2016
Determination Date: 05/28/2014
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,062

COMPUTER SCIENCES CORPORATION
WORKING ON-SITE AT RAYTHEON CORPORATION
SPACE AND AIRBORNE SYSTEMS
EL SEGUNDO, CALIFORNIA

Notice of Negative 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 February 11, 2014,
resulted in a negative determination, issued on May 28, 2014, that
was based on the firm not producing an article. The determination
was applicable to workers and former workers of Computer Sciences
Corporation, working on-site at Raytheon Corporation, Space and
Airborne Systems, El Segundo, California (herein referred to as
“Computer Sciences Corporation”). The workers’ firm is engaged in
activities related to the supply of information technology
infrastructure support services to their client on-site.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the criteria
are not met.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that Computer Sciences Corporation has not
increased imports of like or directly competitive information
technology infrastructure support services. Computer Sciences
Corporation does not import like or directly competitive
information technology infrastructure support services.
Furthermore, the work they were doing for their client was taken
in-house.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Computer Sciences Corporation did not
shift the supply of like or directly competitive services to a
foreign country or acquire services from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Computer Sciences Corporation is not
a Supplier or acts as 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because Criterion
(1) has not been met since 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 Computer Sciences
Corporation, working on-site at Raytheon Corporation, Space and
Airborne Systems, El Segundo, California, who are engaged in
activities related to the supply of information technology
infrastructure support services, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C. §
2273.

Signed in Washington, D.C. this 14th day of March, 2016.

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





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,062

COMPUTER SCIENCES CORPORATION
WORKING ON-SITE AT RAYTHEON CORPORATION
SPACE AND AIRBORNE SYSTEMS
EL SEGUNDO, 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 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 11, 2014 by a state workforce office on
behalf of workers of Computer Sciences Corporation, working on-
site at Raytheon Corporation, Space and Airborne Systems, El
Segundo, California. The worker group was confirmed by
conversations with the petitioner and dislocated workers. The
workers' firm is engaged in activities related to the production
of space and airborne systems. Specifically, the worker group
provided information technology infrastructure support services
to their client on-site.
The petitioner alleged that, "Production shifted to
another country."
During the course of the investigation, information was
collected from the workers' firm, the petitioner, and a
dislocated worker.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not production
of articles to a foreign country.
With respect to Section 222(a)(2)(A), the investigation
revealed that imports of articles like or directly competitive
with articles produced by the firm did not contribute
importantly to such workers' separation or threat of
separation and to the decline in sales or production of such
firm or subdivision. Rather, the investigation confirmed that
the information technology infrastructure support services
supplied by the subject firm were taken in-house by the
client.
The investigation revealed that Computer Sciences
Corporation 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).
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 Computer Sciences
Corporation, working on-site at Raytheon Corporation, Space and
Airborne Systems, El Segundo, California 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 28th day of May 2014.

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