DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,158

COX COMMUNICATIONS CALIFORNIA LLC
RETENTION GROUP
INCLUDING ON-SITE LEASED WORKERS FROM ZERO CHAOS
RANCHO SANTA MARGARITA, 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).
Cox Communications California LLC, Retention Group, Rancho
Santa Margarita, California is the subject of this investigation.
The workers’ firm is engaged in activities related to the supply of
internet, telephone, video, home security, and media advertising
services. The workers of Cox Communications California LLC,
Retention Group, Rancho Santa Margarita, California (subject worker
group) are/were engaged in the supply of sales retention services.
The subject worker group includes on-site leased workers from Zero
Chaos.
The initial investigation, initiated March 19, 2014, resulted
in a negative determination, issued on April 10, 2014, that was
based on the findings that the subject firm did not produce an
article; rather, the workers’ firm supplied services related to the
supply of internet, telephone, video, home security, and media
advertising services.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
requirements for certification have not been met.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that Cox Communications California LLC did
not increase imports of services like or directly competitive
with the sales retention services supplied by the subject worker
group. Further, the Department did not conduct customer surveys
because the subject worker group supplied services internally to
Cox Communications California LLC.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Cox Communications California LLC did
not shift the supply of sales retention services, or like or
directly competitive services, to a foreign country or acquire
sales retention services, or like or directly competitive
services, from a foreign country. Rather, the supply of services
shifted to domestic facilities affiliated with Cox Communications
California LLC.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Cox Communications California LLC,
Retention Group, Rancho Santa Margarita, California, 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) and 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied 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, 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 Cox
Communications California LLC, Retention Group, including on-site
leased workers of Zero Chaos, Rancho Santa Margarita, California,
to apply for adjustment assistance, in accordance with Section 223
of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 13th day of November, 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-85,158

COX COMMUNICATIONS CALIFORNIA LLC
RETENTION GROUP
INCLUDING ON-SITE LEASED WORKERS FROM ZERO CHAOS
RANCHO SANTA MARGARITA, CALIFORNIA

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
on March 19, 2014 by three workers on behalf of workers of Cox
Communications California LLC, Retention Group, Rancho Santa
Margarita, California. The workers' firm is engaged in activities
related to the supply of internet, telephone, video, home security,
and media advertising services. The subject worker group includes
workers that engage in retention services.
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that the firm 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 workers' firm did not produce an article;
rather, the workers' firm supplied services related to the supply of
internet, telephone, video, home security, and media advertising
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 Cox Communications California LLC,
Retention Group, Rancho Santa Margarita, California, 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 10th day of April, 2014


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