DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,277

AEGIS MEDIA AMERICAS
A SUBSIDIARY OF DENTSU HOLDINGS USA, INC.
THE SHARED SERVICES DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
SOLOMON PAGE TECHNOLOGY PARTNERS
BOSTON, MASSACHUSETTS

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 May 1, 2014, resulted
in a negative determination, issued on May 23, 2014, that was
based on the findings that the subject firm does not produce an
article within the meaning of Section 222 (a) or Section 222(b)
of the Act. The determination was applicable to workers and former
workers of Aegis Media Americas, a subsidiary of Dentsu Holdings
USA, Inc., the Shared Services Division, including on-site leased
workers from Solomon Page Technology Partners, Boston, Massachusetts
(Aegis Media). The workers’ firm is engaged in activities related to
the supply of media marketing & communications strategy services.
More specifically, the subject worker group supplies internal
information technology services to the subject firm.

Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that a shift
in services to a foreign country contributed importantly to the
separations at the workers’ firm.

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 the supply of services like or
directly competitive with the services supplied by the workers
which contributed importantly to worker group separations at
Aegis Media.

Conclusion

After careful review, I determine that workers of Aegis
Media Americas, a subsidiary of Dentsu Holdings USA, Inc., the
Shared Services Division, including on-site leased workers from
Solomon Page Technology Partners, Boston, Massachusetts who are
engaged in activities related to the supply of internal
information technology 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 Aegis Media Americas, a subsidiary of Dentsu
Holdings USA, Inc., the Shared Services Division, including
on-site leased workers from Solomon Page Technology Partners,
Boston, Massachusetts, who became totally or partially separated
from employment on or after April 8, 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 18th day of September, 2015

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




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,277

AEGIS MEDIA AMERICAS
A SUBSIDIARY OF DENTSU HOLDINGS USA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
SOLOMON PAGE TECHNOLOGY PARTNERS
BOSTON, MASSACHUSETTS


Notice of Negative Determination
Regarding Application for Reconsideration

By application dated June 30, 2014, a worker requested
administrative reconsideration of the Department of Labor's
negative determination regarding eligibility to apply for
worker adjustment assistance, applicable to workers and
former workers of Aegis Media Americans, a subsidiary of
Dentsu Holdings USA, Inc., including on-site leased workers
of Solomon Page Technology Partners, Boston, Massachusetts
(Aegis Media Americans). The determination was issued on May
23, 2014. The Department’s Notice of determination was
published in the Federal Register on June 6, 2014 (79 FR
32757). Aegis Media Americans supplies media marketing and
communications strategy services.

Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.

The negative determination of the Trade Adjustment Assistance
(TAA) petition filed on behalf of workers at Aegis Media
Americans was based on the findings that the subject firm does
not produce an article within the meaning of Section 222(a) or
Section 222(b) of the Trade Act of 1974, as amended.

The request for reconsideration asserts that the Department
made “an incorrect assessment of Dentsu Aegis Network’s
services, products and articles”; that information technology
(IT) workers’ separation from the subject firm was due to
outsourcing to Tata Consulting Services (TCS); that a
“significant part of the responsibility of the Aegis IT
workers group (IT Team) was the monitoring of major servers
and services for Aegis”; that “After TSC started servicing
Aegis, the monitoring of these services was shifted to
overseas teas who now performed the monitoring duties in
India”; and that Aegis Media Americans produced an article
because an “article is the byproduct of the internal company
services, processes and the product/article itself” and that
the articles produced are computer code & algorithms.

The request also asserts that there should be no distinction
between computer code for hardware and computer code for
software and that the databases upon which services rely
such as research and analysis) are also articles.

In Former Employees of Mortgage Guaranty Insurance Corporation
(MGIC) v. United States Secretary of Labor (Court No. 07-00182),
the Department stated the policy requiring that the firm employing
the subject workers produce an article domestically; that workers
providing services incidental to the provision of a services are not
engaged in the production of an article, for the purposes of the
Trade Act; and that the services provided by a workers’ firm would
not be considered articles, whether tangible or intangible. The
Department’s determination in the afore-mentioned case (negative
determination on remand regarding petitioning workers’ eligibility
to apply for Trade Adjustment Assistance) was affirmed by the U.S.
Court of International Trade.

The petitioner did not supply facts not previously considered;
nor provide additional documentation indicating that there was
either 1) a mistake in the determination of facts not previously
considered or 2) a misinterpretation of facts or of the law
justifying reconsideration of the initial determination. Based
on these findings, the Department determines that 29 CFR 90.18(c)
has not been met.

Conclusion

After careful review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of the
law or of the facts which would justify reconsideration of the
Department of Labor's prior decision. Accordingly, the
application is denied.

Signed in Washington, D.C., this 4th day of September, 2014

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P




DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,277

AEGIS MEDIA AMERICAS
A SUBSIDIARY OF DENTSU HOLDINGS USA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
SOLOMON PAGE TECHNOLOGY PARTNERS
BOSTON, MASSACHUSETTS


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 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 May 1, 2014 on behalf of workers of Aegis Media Americas, a
subsidiary of Dentsu Holdings USA, Inc., including on-site leased
workers from Solomon Page Technology Partners, Boston,
Massachusetts ("Aegis Media" or the "subject firm"). Aegis Media
is engaged in activities related to the supply of media marketing
and communications strategy services.
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that Aegis Media 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 Aegis Media did not produce an article; rather,
Aegis Media supplied services related to the supply of media
marketing and communications strategy 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 Aegis Media Americas,
a subsidiary of Dentsu Holdings USA, Inc., including on-site leased
workers from Solomon Page Technology Partners, Boston,
Massachusetts, 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