DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,251

HEWLETT PACKARD COMPANY
ENGINEERING SOFTWARE SUPPORT SERVICES GROUP
AMERICAS QUALITY AND CA
A DIVISION OF CUSTOMER SERVICE AND SUPPORT
PRINTING AND PERSONAL SYSTEMS
BOISE, IDAHO

TA-W-85,251A

HEWLETT PACKARD COMPANY
DATA ANALYSIS GROUP
AMERICAS QUALITY AND CA
A DIVISION OF CUSTOMER SERVICE AND SUPPORT
PRINTING AND PERSONAL SYSTEMS
BOISE, IDAHO

TA-W-85,251B

HEWLETT PACKARD COMPANY
AMERICAS SUPPLY CHAIN, CONSUMER RETAIL CHANNEL SUPPORT GROUP
A DIVISION OF CUSTOMER SERVICE AND SUPPORT
PRINTING AND PERSONAL SYSTEMS
INCLUDING ON-SITE LEASED WORKERS FROM EXPERIS/MANPOWER
BOISE, IDAHO

Notice of Revised Determination
After Statutory Reconsideration
and
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 on April 21, 2014,
resulted in a negative determination, issued on May 23, 2014, that
was based on the Department’s finding that the subject firm does
not produce an article. The determination was applicable to workers
and former workers of Hewlett Packard Company, Engineering Software
Support Services Group, Americas Quality and CA, a division of
Customer Service and Support, Printing and Personal Systems, Boise,
Idaho (TA-W-85,251); Hewlett Packard Company, Data Analysis Group,
Americas Quality and CA, a division of Customer Service and
Support, Printing and Personal Systems, Boise, Idaho (TA-W-
85,251A); and Hewlett Packard Company, Americas Supply Chain,
Consumer Retail Channel Support Group, a division of Customer
Service and Support, Printing and Personal Systems, Boise, Idaho
(TA-W-85,251B). The worker group covered by TA-W-85,251B includes
on-site leased workers from Experis/Manpower. Workers of Hewlett
Packard Company, Engineering Software Support Services Group (TA-W-
85,251), Hewlett Packard Company, Data Analysis Group (TA-W-
85,251A), and Hewlett Packard Company, Americas Supply Chain,
Consumer Retail Channel Support Group (TA-W-85,251B) are engaged in
activities related to the supply of engineering software support
services, data analysis services, and account management services,
respectively.
Based on information reviewed during the reconsideration
investigation, the Department determines that the worker group
covered by TA-W-85,251 (Hewlett Packard Company, Engineering
Software Support Services Group, Americas Quality and CA, a
division of Customer Service and Support, Printing and Personal
Systems, Boise, Idaho) have met the requirements for
certification and that the worker groups covered by TA-W-85,251A
(Hewlett Packard Company, Data Analysis Group, Americas Quality
and CA, a division of Customer Service and Support, Printing and
Personal Systems, Boise, Idaho) and TA-W-85,251B (Hewlett Packard
Company, Americas Supply Chain, Consumer Retail Channel Support
Group, a division of Customer Service and Support, Printing and
Personal Systems, Boise, Idaho) have not met the requirements for
certification.
With regards to the worker group covered by TA-W-85,251, the
Department determines that Section 222(a)(1) has been met because
a significant number or proportion of the workers in Hewlett
Packard Company, Engineering Software Support Services Group,
Americas Quality and CA, a division of Customer Service and
Support, Printing and Personal Systems, Boise, Idaho, 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
shifted the supply of services like or directly competitive with
the engineering software support services supplied by the subject
workers to a foreign country, which contributed importantly to
worker group separations at Hewlett Packard Company, Engineering
Software Support Services Group, Americas Quality and CA, a
division of Customer Service and Support, Printing and Personal
Systems, Boise, Idaho.
With regards to the worker groups covered by TA-W-85,251A and
TA-W-85,251B, the Department determines that Section 222(a)(1) and
Section 222(b)(1) have not been met by either worker group because
a significant number or proportion of the workers (as defined by 29
CFR 90.2) in Hewlett Packard Company, Data Analysis Group, Americas
Quality and CA, a division of Customer Service and Support,
Printing and Personal Systems, Boise, Idaho (TA-W-85,251A) and
Hewlett Packard Company, Americas Supply Chain, Consumer Retail
Channel Support Group, a division of Customer Service and Support,
Printing and Personal Systems, Boise, Idaho (TA-W-85,251B) have not
become totally or partially separated, nor are threatened to become
totally or partially separated. Specifically, fewer than three
workers at Hewlett Packard Company, Data Analysis Group, Americas
Quality and CA, a division of Customer Service and Support,
Printing and Personal Systems, Boise, Idaho and Hewlett Packard
Company, Americas Supply Chain, Consumer Retail Channel Support
Group, a division of Customer Service and Support, Printing and
Personal Systems, Boise, Idaho, were totally or partially
separated, or threatened with such separation, during the one year
period prior to the petition date (April 18, 2014).
Conclusion
After careful review, I determine that, with regards to the
worker groups covered by TA-W-85,251A and TA-W-85,251B, 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
Hewlett Packard Company, Data Analysis Group, Americas Quality and
CA, a division of Customer Service and Support, Printing and
Personal Systems, Boise, Idaho (TA-W-85,251A) and Hewlett Packard
Company, Americas Supply Chain, Consumer Retail Channel Support
Group, a division of Customer Service and Support, Printing and
Personal Systems, including on-site leased workers from
Experis/Manpower, Boise, Idaho (TA-W-85,251B), who are engaged in
activities related to the supply of data analysis services and
account management services, respectively, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C. §
2273.
After careful review, I determine that workers of Hewlett
Packard Company, Engineering Software Support Services Group,
Americas Quality and CA, a division of Customer Service and
Support, Printing and Personal Systems, Boise, Idaho (TA-W-85,251),
who are engaged in activities related to the supply of engineering
software support 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 Hewlett Packard Company, Engineering Software
Support Services Group, Americas Quality and CA, a division of
Customer Service and Support, Printing and Personal Systems,
Boise, Idaho (TA-W-85,251), who became totally or partially
separated from employment on or after April 18, 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 22nd day of March, 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-85,251

HEWLETT PACKARD COMPANY
ENGINEERING SOFTWARE SUPPORT SERVICES GROUP
AMERICAS QUALITY AND CA
A DIVISION OF CUSTOMER SERVICE AND SUPPORT
PRINTING AND PERSONAL SYSTEMS
BOISE, IDAHO

TA-W-85,251A

HEWLETT PACKARD COMPANY
DATA ANALYSIS GROUP
AMERICAS QUALITY AND CA
A DIVISION OF CUSTOMER SERVICE AND SUPPORT
PRINTING AND PERSONAL SYSTEMS
BOISE, IDAHO

TA-W-85,251B

HEWLETT PACKARD COMPANY
AMERICAS SUPPLY CHAIN, CONSUMER RETAIL CHANNEL SUPPORT GROUP
A DIVISION OF CUSTOMER SERVICE AND SUPPORT
PRINTING AND PERSONAL SYSTEMS
INCLUDING ON-SITE LEASED WORKERS FROM EXPERIS/MANPOWER
BOISE, IDAHO

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
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 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 April 21, 2014 by three workers on behalf of the workers of
Hewlett Packard Company, Engineering Software Support Services Group,
Americas Quality and CA, a division of Customer Service and Support,
Printing and Personal Systems, Boise, Idaho (TA-W-85,251); Hewlett
Packard Company, Data Analysis Group, Americas Quality and CA, a
division of Customer Service and Support, Printing and Personal
Systems, Boise, Idaho (TA-W-85,251A); Hewlett Packard Company,
Americas Supply Chain, Consumer Retail Channel Support Group, a
division of Printing and Personal Systems, including
Experis/Manpower, Boise, Idaho (TA-W-85,251B).
The workers covered by petition TA-W-85,251 are engaged in
activities related to the supply of Engineering Software Support
services. The workers covered by petition TA-W-85,251A are engaged in
activities related to the supply of data analysis services. The
workers covered by petition TA-W-85,251B are engaged in activities
related to the supply of account management services. The worker
groups are separately identifiable by service supplied.
The petition alleges "Positions have been moved to low cost
countries (India, Mexico)."
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that the subject workers do 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. The subject workers supply 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 Hewlett Packard Company, Engineering
Software Support Services Group, Americas Quality and CA, a division
of Customer Service and Support, Printing and Personal Systems,
Boise, Idaho (TA-W-85,251); Hewlett Packard Company, Data Analysis
Group, Americas Quality and CA, a division of Customer Service and
Support, Printing and Personal Systems, Boise, Idaho (TA-W-85,251A);
Hewlett Packard Company, Americas Supply Chain, Consumer Retail
Channel Support Group, a division of Printing and Personal Systems,
including Experis/Manpower, Boise, Idaho (TA-W-85,251B), 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 23rd day of May, 2014


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