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TAW-85261  /  Hibu Inc. (Cedar Rapids, IA)

Petitioner Type: Company
Impact Date: 04/18/2013
Filed Date: 04/24/2014
Most Recent Update: 08/08/2014
Determination Date: 08/08/2014
Expiration Date: 08/08/2016

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,261C

HIBU INC.
A SUBSIDIARY OF HIBU HOLDING (USA), INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, INSIGHT GLOBAL, INC., OFFICE TEAM, PEOPLE SHARE,
RANDSTAD, THE CREATIVE GROUP (TCG) AND TEK SYSTEMS
SPOKANE VALLEY, WASHINGTON


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 28, 2014,
resulted in a negative determination, issued on August 8, 2014,
that was based on the Department’s finding that a significant
number or proportion of the workers in such workers’ firm have not
become totally or partially separated. The determination was
applicable to workers and former workers of Hibu Inc., a subsidiary
of Hibu Holding USA Inc., including on-site leased workers from
Aerotek, Insight Global, Inc., Office Team, People Share, Randatad,
The Creative Group (TCG), and TEK Systems, Spokane Valley,
Washington (TA-W-85,261C). The workers’ firm is engaged in
activities related to the production of print and digital
advertising and marketing products.
Based on information reviewed during the reconsideration
investigation, the Department determines that that the requirements
for certification have not been met.
With respect to Section 222(a) and Section 222(b) of the Act,
the investigation revealed that the requirement of Section
222(a)(1) has not been met because a significant number or
proportion of the workers in such workers’ firm have not become
totally or partially separated or threatened with such separation,
per 29 CFR 90.
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied because the workers’
firm has not been publically 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 Hibu Inc., a
subsidiary of Hibu Holding USA Inc., including on-site leased
workers from Aerotek, Insight Global, Inc., Office Team, People
Share, Randstad, The Creative Group (TCG), and TEK Systems,
Spokane Valley, Washington (TA-W-85,261C), to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C. §
2273.

Signed in Washington, D.C. this 31st 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-85,261D

HIBU INC.
A SUBSIDIARY OF HIBU HOLDING (USA), INC.
INCLUDING WORKERS WHOSE WAGES ARE REPORTED UNDER ZNODE
AND INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, INSIGHT GLOBAL, INC., OFFICE TEAM, PEOPLE SHARE,
RANDATAD, THE CREATIVE GROUP (TCG), AND TEK SYSTEMS
COLUMBUS, OHIO

Amended Certification Regarding Eligibility
To Apply for Worker 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on August 8, 2014, applicable to workers
and former workers of Hibu Inc., a subsidiary of Hibu Holding
USA Inc., including on-site leased workers from Aerotek,
Insight Global, Inc., Office Team, People Share, Randstad,
The Creative Group (TCG), and TEK Systems, Columbus, Ohio
(TA-W-85,261D). The Department’s Notice of determination
was published in the Federal Register on August 22, 2014
(79 FR 49818). The workers are engaged in the production
of print and digital advertising and marketing products.

At the request of the State of Ohio Workforce Office, the
Department reviewed the certification for workers of the
subject firm. The State of Ohio asserts that some workers
separated from the subject firm had wages reported under
“Znode.”

New information provided by the subject firm confirmed
that that some workers separated from Hibu, Inc., Columbus,
Ohio had their wages reported through a separate unemployment
insurance (UI) tax account under the company name Znode.
Accordingly, the Department is amending this certification to
properly reflect this matter. The amended notice applicable
to TA-W-85,261D is hereby issued as follows:

"All workers of Hibu Inc., a subsidiary of Hibu Holding
USA Inc., including workers whose wages are reported under Znode
and including on-site leased workers from Aerotek, Insight Global,
Inc., Office Team, People Share, Randstad, The Creative Group
(TCG), and TEK Systems, Columbus, Ohio, who became totally or
partially separated from who became totally or partially separated
from employment on or after April 18, 2013 through August 8, 2016,
and all workers in the group threatened with total or partial
separation from employment on 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 3rd day of October, 2014

/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-85,261

HIBU INC.
A SUBSIDIARY OF HIBU HOLDING USA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, INSIGHT GLOBAL, INC., OFFICE TEAM, PEOPLE SHARE,
RANDATAD, THE CREATIVE GROUP (TCG) AND TEK SYSTEMS
CEDAR RAPIDS, IOWA

TA-W-85,261A

HIBU INC.
A SUBSIDIARY OF HIBU HOLDING USA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, INSIGHT GLOBAL, INC., OFFICE TEAM, PEOPLE SHARE,
RANDATAD, THE CREATIVE GROUP (TCG) AND TEK SYSTEMS
KING OF PRUSSIA, PENNSYLVANIA

TA-W-85,261B

HIBU INC.
A SUBSIDIARY OF HIBU HOLDING USA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, INSIGHT GLOBAL, INC., OFFICE TEAM, PEOPLE SHARE,
RANDATAD, THE CREATIVE GROUP (TCG) AND TEK SYSTEMS
THE WOODLAND, TEXAS

TA-W-85,261C

HIBU INC.
A SUBSIDIARY OF HIBU HOLDING USA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, INSIGHT GLOBAL, INC., OFFICE TEAM, PEOPLE SHARE,
RANDATAD, THE CREATIVE GROUP (TCG) AND TEK SYSTEMS
SPOKANE, WASHINGTON

TA-W-85,261D

HIBU INC.
A SUBSIDIARY OF HIBU HOLDING USA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, INSIGHT GLOBAL, INC., OFFICE TEAM, PEOPLE SHARE,
RANDATAD, THE CREATIVE GROUP (TCG) AND TEK SYSTEMS
COLUMBUS, OHIO

TA-W-85,261E

HIBU INC.
A SUBSIDIARY OF HIBU HOLDING USA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, INSIGHT GLOBAL, INC., OFFICE TEAM, PEOPLE SHARE,
RANDATAD, THE CREATIVE GROUP (TCG) AND TEK SYSTEMS
EFFINGHAM, ILLINOIS

TA-W-85,261F

HIBU INC.
A SUBSIDIARY OF HIBU HOLDING USA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, INSIGHT GLOBAL, INC., OFFICE TEAM, PEOPLE SHARE,
RANDATAD, THE CREATIVE GROUP (TCG) AND TEK SYSTEMS
SAN DIEGO, CALIFORNIA

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. The
group eligibility requirements for workers of a firm under Section
222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if the
following criteria are met:
(1) 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)(B)(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 under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic 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.

The investigation was initiated in response to a petition
filed on April 28, 2014 by a company official on behalf of workers
of Hibu Inc., a subsidiary of Hibu Holding USA Inc., Cedar
Rapid, Iowa (TA-W-85,261), Hibu Inc., a subsidiary of Hibu
Holding USA Inc., King of Prussia, Pennsylvania (TA-W-85,261A),
Hibu Inc., a subsidiary of Hibu Holding USA Inc., The Woodlands,
Texas (TA-W-85,261B), Hibu Inc., a subsidiary of Hibu Holding
USA Inc., Spokane, Washington (TA-W-85,261C), Hibu Inc., a
subsidiary of Hibu Holding USA Inc., Columbus, Ohio (TA-W-
85,261D), Hibu Inc., a subsidiary of Hibu Holding USA Inc.,
Effingham, Illinois (TA-W-85,261E), and Hibu Inc., a subsidiary
of Hibu Holding USA Inc., San Diego, California (TA-W-85,261F)
(hereafter collectively referred to as Hibu). The workers' firm
is engaged activities related to the production of print and
digital advertising and marketing products.
The subject worker groups include on-site leased workers from
Aerotek, Insight Global, Inc., Office Team, People Share,
Randstad, The Creative Group (TCG), and TEK Systems.
During the course of the investigation, information was
collected from the workers' firm.
With regards to the worker groups at the Cedar Rapids, Iowa
(TA-W-85,261), King of Prussia, Pennsylvania (TA-W-85,261A), The
Woodlands, Texas (TA-W-85,261B), Columbus, Ohio (TA-W-85,261D),
Effingham, Illinois (TA-W-85,261E) and San Diego, California
(TA-W-85,261F) facilities, the Department determines that
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.
With regards to the worker group at the Spokane Valley,
Washington (TA-W-85,261C) facility, the Department determines
that Section 222(a)(1) has not been met. 29 CFR 90 establishes
that at least three workers must be totally of partially
separated, or threatened with such separation. This thresh hold
has not been met by the worker group at this facility.
With regards to Section 222(a)(2)(B), the Department
determines that the employment declines at the subject facilities
are related to the shift in production of print and digital
advertising and marketing products to a foreign country that is
party to a free trade agreement with the United States.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
Because workers at the Spokane Valley, Washington facility
(TA-W-85,261C) are not eligible to apply for TAA, they are
ineligible to apply for ATAA.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if
the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).

Section 246(a)(3)(A)(ii)(I) has been met for worker groups at
the Cedar Rapids, Iowa (TA-W-85,261), King of Prussia,
Pennsylvania (TA-W-85,261A), The Woodlands, Texas (TA-W-85,261B),
and Effingham, Illinois (TA-W-85,261E) facilities. The Department
determines that a significant number of workers at these
facilities are 50 years of age or older. Worker groups at the
Columbus, Ohio (TA-W-85,261D) and San Diego, California (TA-W-
85,261F) facilities did not meet this criterion and, therefore,
are not eligible to apply for ATAA.
With regards to Section 246(a)(3)(A)(ii)(II), the Department
determines that the worker groups at the Cedar Rapids, Iowa (TA-W-
85,261), King of Prussia, Pennsylvania (TA-W-85,261A), The
Woodlands, Texas (TA-W-85,261B), and Effingham, Illinois (TA-W-
85,261E) facilities have met this criterion because the subject
workers possess skills that are not easily transferrable.
With regards to Section 246(a)(3)(A)(ii)(III), the Department
determines that the worker groups the Cedar Rapids, Iowa (TA-W-
85,261), King of Prussia, Pennsylvania (TA-W-85,261A), The
Woodlands, Texas (TA-W-85,261B), and Effingham, Illinois (TA-W-
85,261E) facilities have met this criterion because conditions
within the workers' industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Hibu Inc., a
subsidiary of Hibu Holding USA Inc., Spokane, Washington (TA-W-
85,261C) are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, as amended, and that
workers of Hibu Inc., a subsidiary of Hibu Holding USA Inc.,
Spokane, Washington (TA-W-85,261C), Columbus, Ohio (TA-W-85,261D)
and San Diego, California (TA-W-85,261F) are denied eligibility to
apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974, amended.

After careful review of the facts obtained in the
investigation, I determine that workers of Hibu Inc., a subsidiary
of Hibu Holding USA Inc., Cedar Rapid, Iowa (TA-W-85,261), Hibu
Inc., a subsidiary of Hibu Holding USA Inc., King of Prussia,
Pennsylvania (TA-W-85,261A), Hibu Inc., a subsidiary of Hibu
Holding USA Inc., The Woodlands, Texas (TA-W-85,261B), Hibu
Inc., a subsidiary of Hibu Holding USA Inc., Columbus, Ohio (TA-
W-85,261D), Hibu Inc., a subsidiary of Hibu Holding USA Inc.,
Effingham, Illinois (TA-W-85,261E), Hibu Inc., a subsidiary of
Hibu Holding USA Inc.,San Diego, California (TA-W-85,261F), who
are engaged in activities related to the production of print and
digital advertising and marketing products, 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 certifications:
"All workers of Hibu Holding USA Inc., Cedar Rapid, Iowa
(TA-W-85,261), Hibu Inc., a subsidiary of Hibu Holding USA
Inc., King of Prussia, Pennsylvania (TA-W-85,261A), Hibu
Inc., a subsidiary of Hibu Holding USA Inc., The Woodlands,
Texas (TA-W-85,261B), Hibu Inc., a subsidiary of Hibu
Holding USA Inc., Columbus, Ohio (TA-W-85,261D), Hibu
Inc., a subsidiary of Hibu Holding USA Inc., Effingham,
Illinois (TA-W-85,261E), Hibu Inc., a subsidiary of Hibu
Holding USA Inc., San Diego, California (TA-W-85,261F),
including on-site leased workers of Aerotek, Insight Global,
Inc., Office Team, People Share, Randstad, The Creative Group
(TCG), TEK Systems, who became totally or partially separated
from employment on or after April 18, 2013, 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 Hibu Holding USA Inc., Cedar Rapid, Iowa (TA-
W-85,261), Hibu Inc., a subsidiary of Hibu Holding USA Inc.,
King of Prussia, Pennsylvania (TA-W-85,261A), Hibu Inc., a
subsidiary of Hibu Holding USA Inc., The Woodlands, Texas
(TA-W-85,261B), and Hibu Inc., a subsidiary of Hibu Holding
USA Inc., Effingham, Illinois (TA-W-85,261E), including on-
site leased workers of Aerotek, Insight Global, Inc., Office
Team, People Share, Randstad, The Creative Group (TCG), TEK
Systems, who became totally or partially separated from
employment on or after April 18, 2013, through two years from
the date of certification, and eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, as amended."

Signed in Washington, D.C. this 8th day of August 2014.

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