DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,317

CHILD CARE SERVICES
BOAZ EAGLE CORPS INVESTMENTS
COURTLAND, MISSISSIPPI

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 May 20, 2014, resulted in
a negative determination, issued on August 5, 2014, that was based
on no production of an article. The determination was applicable
to workers and former workers of Child Care Services, Boaz Eagle
Corps Investments, Courtland, Mississippi. The workers’ firm is
engaged in activities related to the supply of commercial recording
contracting services.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the firm did
not employ a worker group during the relevant time period. In this
case, there was no worker group in May 2013 since worker
separations occurred in 2012, outside the scope of the relevant
time period.
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 the firm did not employ a
“significant number or proportion of the workers in such workers’
firm,” as defined in 20 CFR 90.2 to mean that the firm must have at
least three full-time workers during the year preceding the Trade
Adjustment Assistance (TAA) petition date. The subject firm did
not meet this threshold level of employment.
Finally, the group eligibility requirements under Section
222(e) of the Act have not been satisfied because the petition was
not timely filed during the one-year period beginning on the date
of publication in the Federal Register of either a summary of the
report submitted under section 202(f)(1) of the Trade Act of 1974
with respect to an affirmative determination issued under Section
202(b)(1) of the Trade Act or a notice of an affirmative
determination under Section 421(b)(1) of the Trade Act or an
affirmative final determination under Section 705(b)(1)(A) or
735(b)(1)(A) of the Tariff Act of 1930.
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 Child Care
Services, Boaz Eagle Corps Investments, Courtland, Mississippi,
who were engaged in employment related to the supply of commercial
recording contracting services to apply for adjustment assistance,
in accordance with Section 223 of the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 5th day of February, 2016.

/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,317

CHILD CARE SERVICES
BOAZ EAGLE CORPS INVESTMENTS
COURTLAND, MISSISSIPPI

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 May 20, 2014 by company officials on behalf of workers of
Child Care Services, Boaz Eagle Corps Investments, Courtland,
Mississippi. The workers were engaged in activities related to
the supply of outsourced commercial recording contractual
services.
The petitioner alleged the services performed were lost.
During the course of the investigation, information was
collected from the workers' firm/petitioner.
The investigation revealed that Child Care Services, Boaz
Eagle Corps Investments, 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 of Labor obtained
information that revealed that the workers' firm did not produce an
article; rather, the workers' firm supplied services related to
commercial recordings supplied under contract.
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 Child Care
Services, Boaz Eagle Corps Investments, Courtland, Mississippi
engaged in activities related to the supply of commercial
recordings services 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 5th day of August 2014.

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance