DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,154

XEROX IMAGER DELIVERY CENTER
GLOBAL TECHNOLOGY DEVELOPMENT GROUP DIVISION
IMAGER DELIVERY GROUP
GLOBAL MANUFACTURING
GLOBAL MANUFACTURING AND SUPPLY CHAIN
EL SEGUNDO, 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 on March 18, 2014,
resulted in a negative determination, issued on July 24, 2014, that
was based on the findings that the subject firm did not shift
production of imager units to a foreign country that is a party to
a Free Trade Agreement. The determination was applicable to workers
and former workers of Xerox Imager Delivery Center, Global
Technology Development Group Division, Imager Delivery Group,
Global Manufacturing, Global Manufacturing and Supply Chain, El
Segundo, California (Xerox Imager Delivery Center).
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the workers
of Xerox Imager Delivery Center (the subject worker group) are
engaged in employment related to the production of imager units
for Xerox printing devices and that the subject firm has acquired
from a foreign country the production of like or directly
competitive articles, which contributed importantly to the workers
separations within the subject worker group.
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 articles like or directly
competitive with the imager units produced by the subject workers
which contributed importantly to worker group separations at
Xerox Imager Delivery Center.
Conclusion
After careful review, I determine that workers of Xerox Imager
Delivery Center, Global Technology Development Group Division,
Imager Delivery Group, Global Manufacturing, Global Manufacturing
and Supply Chain, El Segundo, California, who are engaged in
activities related to production of imager units, 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 Xerox Imager Delivery Center, Global
Technology Development Group Division, Imager Delivery
Group, Global Manufacturing, Global Manufacturing and Supply
Chain, El Segundo, California, who became totally or
partially separated from employment on or after March 14,
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 5th day of January, 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-85,154

XEROX IMAGER DELIVERY CENTER
GLOBAL TECHNOLOGY DEVELOPMENT GROUP DIVISION
IMAGER DELIVERY GROUP
GLOBAL MANUFACTURING
GLOBAL MANUFACTURING AND SUPPLY CHAIN
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 March 18, 2014 by a State Workforce Agency on behalf
of workers of Xerox Imager Delivery Center, Global Technology
Development Group Division, Imager Delivery Group, Global
Manufacturing, Global Manufacturing and Supply Chain, El
Segundo, California. Xerox Imager Delivery Center, Global
Technology Development Group Division, Imager Delivery Group,
is part of Global Manufacturing, which is part of Global
Manufacturing and Supply Chain.
Workers of Xerox Imager Delivery Center, Global
Technology Development Group Division, Imager Delivery Group,
El Segundo, California, (the subject worker group) are engaged
in employment related to the production of imager units for
Xerox printing devices.
The petition states "Manufacturing Electronic Assembly
Department outsourced to Malaysia."
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that Xerox Imager Delivery Center,
decreased sales and production of imager units during the
relevant period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift
production of imager units, or like or directly competitive
articles, to a foreign country under the Free Trade Agreement.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Xerox Imager Delivery Center, is
not a Supplier 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Xerox Imager Delivery Center, does
not act as a Downstream Producer to a firm (or subdivision,
whichever is applicable) 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 at Xerox
Imager Delivery Center, 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 Xerox Imager
Delivery Center, Global Technology Development Group Division,
Imager Delivery Group, Global Manufacturing, Global
Manufacturing and Supply Chain, 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 24th day of July 2014.

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