DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,123

ELSEVIER, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
RANDSTAD STAFFING
SAN DIEGO, CALIFORNIA

TA-W-85,123A

POPULOUS GROUP
LEASED WORKERS ON-SITE AT
ELSEVIER, INC.
SAN DIEGO, 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 March 6, 2014, resulted
in a negative determination, issued on April 18, 2014 that was
based on the findings that the subject firm did not shift the
production of scientific journals and publications, or a like or
directly competitive articles, to a foreign country which was a
party to free trade agreement with the United States or a
beneficiary country under the African Growth and Opportunity Act,
or the Caribbean Basin Economic Recovery Act.

The determination was applicable to workers and former
workers of Elsevier, Inc., including on-site leased workers
from Randstad Staffing and Populous Group, San Diego,
California (Elsevier).

The subject firm was previously certified eligible to
apply for Trade Adjustment Assistance (TAA) under petition
TA-W-80,480 (certification expired on December 9, 2013). The
afore-mentioned certification did not include on-site leased
workers from Populous Group.

Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the firm
shifted to a foreign country the production of articles like or
directly competitive with the articles produced by the workers
which 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 articles like or directly
competitive to the articles produced by the workers which
contributed importantly to worker group separations at
Elsevier.

Conclusion

After careful review, I determine that workers of Elsevier, Inc.,
including on-site leased workers from Randstad Staffing, San Diego,
California (TA-W-85,123), and all workers of Populous Group,
working on-site at Elsevier, Inc., San Diego, California (TA-W-85,123A),
who are engaged in activities related to the production of scientific
journals and publications, 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 Elsevier, Inc., including on-site leased workers
from Randstad Staffing, San Diego, California (TA-W-85,123), who
became totally or partially separated from employment on or after
December 10, 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.”

AND

“All workers of Populous Group, working on-site at Elsevier, Inc.,
San Diego, California (TA-W-85,123A), who became totally or
partially separated from employment on or after March 5, 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 2nd day of October, 2015

/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance






DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,123

ELSEVIER, INC.
A REED ELSEVIER, INC. SUBSIDIARY
INCLUDING ON-SITE LEASED WORKERS FROM
RANDSTAD STAFFING AND POPULUS GROUP
SAN DIEGO, 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 March 6, 2014 by a company official on behalf of
workers of Elsevier, Inc., a Reed Elsevier, Inc., a subsidiary,
including on-site leased workers from including on-site leased
workers from Randstad Staffing and Populus Group, San Diego,
California. The workers' firm is engaged in activities related
to production of scientific journals and publications.
The petition states: "Work is to be outsourced to offsite
journal managers program and external suppliers that includes
Asia based suppliers."
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 Elsevier has not experienced a sales
or production decline in 2013 from 2012 levels.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Elsevier did not shift the
production of solar panels, or a like or directly competitive
product, to a foreign country which is a party to free trade
agreement with the United States or a beneficiary country under
the African Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act, or any other foreign country. In
addition, any shift of production of solar panels, or a like or
directly competitive product, to a foreign country was not
followed by actual or likely increased imports of articles like
or directly competitive with the scientific journals and
publications produced by the subject firm.
With respect to Section 222(b)(2) of the Act, Elsevier is
not a Supplier or act as a Downstream Producer to a firm (or
subdivision) 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 Elsevier, Inc., a
Reed Elsevier, Inc., a subsidiary, including on-site leased
workers from including on-site leased workers from Randstad
Staffing and Populus Group, San Diego, 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 18th day of April, 2014


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