DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,343

RISK SPECIALISTS COMPANIES INSURANCE AGENCY, INC.
LEXINGTON INSURANCE UNDERWRITING SUPPORT
PROPERTY CASUALTY HOUSTON DIVISION
A SUBSIDIARY OF RISK SPECIALISTS COMPANIES, INC.
AN AFFILIATE OF AIG
HOUSTON, TEXAS


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 30, 2014, resulted
in a negative determination, issued on June 30, 2014, that was
based on the Department’s finding that the subject firm did not
produce an article. The determination was applicable to workers and
former workers of Risk Specialists Companies Insurance Agency,
Inc., Lexington Insurance Underwriting Support, Property Casualty
Houston Division, a subsidiary of Risk Specialists Companies, Inc.,
an affiliate of AIG, Houston, Texas (Risk Specialists Companies
Insurance Agency). The workers’ firm is engaged in activities
related to the supply of underwriting support services. The
subject worker group does not include on-site leased workers.
Based on information reviewed during the reconsideration
investigation, the Department determines that the requirements for
certification have been met.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in Risk Specialists Companies
Insurance Agency 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 underwriting support services
supplied by the workers which contributed importantly to worker
group separations at Risk Specialists Companies Insurance Agency.
Conclusion
After careful review, I determine that workers of Risk
Specialists Companies Insurance Agency, Houston, Texas, who are
engaged in activities related to supply of underwriting 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 Risk Specialists Companies Insurance Agency,
Inc., Lexington Insurance Underwriting Support, Property
Casualty Houston Division, a subsidiary of Risk Specialists
Companies, Inc., an affiliate of AIG, Houston, Texas, who
became totally or partially separated from employment on or
after May 29, 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 8th day of April, 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-85,343

RISK SPECIALISTS COMPANIES INSURANCE AGENCY, INC.
LEXINGTON INSURANCE UNDERWRITING SUPPORT
PROPERTY CASUALTY HOUSTON DIVISION
A SUBSIDIARY OF RISK SPECIALISTS COMPANIES, INC.
AN AFFILIATE OF AIG
HOUSTON, TEXAS

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 30, 2014 on behalf of workers of Risk Specialists Companies
Insurance Agency, Inc., Lexington Insurance Underwriting Support
Property Casualty Houston Division, a subsidiary of Risk Specialists
Companies, Inc., an affiliate of AIG, Houston, Texas (Risk
Specialists Companies Insurance Agency). The workers' firm is
engaged in activities related to the supply of underwriting support
services. The petition states "Production/handling of policies being
sent to Manila."
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that Risk Specialists Companies
Insurance Agency 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 underwriting
support 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 Risk Specialists Companies Insurance
Agency, Inc., Lexington Insurance Underwriting Support Property
Casualty Houston Division, a subsidiary of Risk Specialists
Companies, Inc., an affiliate of AIG, Houston, Texas, 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 30th day of June 2014.


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