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TAW-85097  /  Dex Media (Middleton, MA)

Petitioner Type: Workers
Impact Date: 02/21/2013
Filed Date: 02/26/2014
Most Recent Update: 11/21/2015
Determination Date: 11/21/2015
Expiration Date: 11/21/2017

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,097

DEX MEDIA
FORMERLY KNOWN AS THE PREDECESSOR NAME
“SUPER MEDIA SERVICES LLC”
INCLUDING ON-SITE LEASED WORKERS FROM
ADVANTAGE TECHNICAL RESOURCING (FORMERLY TAC),
MIDDLETON, MASSACHUSETTS

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 26, 2014,
resulted in a negative determination, issued on April 2, 2014, that
was based on the finding that the subject firm did not produce an
article. The determination was applicable to workers and former
workers of SuperMedia Services LLC, a subsidiary of Dex Media,
Inc., including on-site leased workers from Advantage Technical
Resourcing (formerly TAC), ASEC International, Macmillan India
Limited, and TATA Consultancy Service, Middleton, Massachusetts.
During the reconsideration investigation, however, the
Department of Labor clarified the worker group to be Dex Media,
(formerly known as the predecessor name “SuperMedia Services LLC”),
Middleton, Massachusetts (Dex Media). The worker group includes on-
site leased workers from Advantage Technical Resourcing (formerly
TAC). The workers are engaged in activities related to the supply
of marketing and advertising services.
Based on information reviewed during the reconsideration
investigation, the Department determines that the acquisition from
a foreign country of like or directly competitive services
contributed importantly to worker group separations at Dex Media.
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 the supply of services like or
directly competitive with marketing and advertising services
supplied by the workers which contributed importantly to worker
group separations at Dex Media.




Conclusion
After careful review, I determine that workers of Dex Media,
Middleton, Massachusetts, who are engaged in activities related to
the supply of marketing and advertising 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 Dex Media, (formerly known as the predecessor
name “SuperMedia Services LLC”), including on-site leased
workers from Advantage Technical Resourcing (formerly TAC),
Middleton, Massachusetts, who became totally or partially
separated from employment on or after February 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 21th day of November, 2015


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



DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,097

SUPERMEDIA SERVICES LLC
A SUBSIDIARY OF DEX MEDIA INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ADVANTAGE TECHNICAL RESOURCING (FORMERLY TAC),
ASEC INTERNATIONAL, MACMILLAN INDIA LIMITED, AND
TATA CONSULTANCY SERVICE
MIDDLETON, MASSACHUSETTS


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 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
by a state workforce official on February 26, 2014 on behalf of
workers of SuperMedia Services LLC, a subsidiary of Dex Media, Inc.,
Middleton, Massachusetts (the subject firm). The workers' firm is
engaged in the supply of internal advertising solution services such
as sales and sales training, information technology, marketing,
finance, human resources, operations sales support-customer care, and
legal services. The worker group includes on-site leased workers from
Advantage Technical Resourcing (formerly TAC), ASEC International,
Macmillan India Limited, and TATA Consultancy Service.
The petitioners allege "After our graphic design jobs went to
India we were under the impression the TAA-benefit was a lifetime
benefit. We would like to take advantage of the training our fellow
artists received which ended 1/21/2013. It is for this reason we are
reapplying and asking that only the artist group be considered for
TAA benefits at this time."
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that SuperMedia Services LLC, a
subsidiary of Dex Media, Inc., Middleton, Massachusetts 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
which revealed that the workers' firm supplied services related to
the supply of internal advertising solution services such as sales
and sales training, IT, marketing, finance, human resources,
operations sales support-customer care, and legal 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 SuperMedia Services LLC, a subsidiary
of Dex Media, Inc., including on-site leased workers from Advantage
Technical Resourcing (formerly TAC), ASEC International, Macmillan
India Limited, and TATA Consultancy Service, Middleton,
Massachusetts, 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 2nd day of April, 2014

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