DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,413

SHINE ELECTRONICS COMPANY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ACTIVE STAFFING AND SEGUE STAFFING
LONG ISLAND CITY, NEW YORK

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 July 7, 2014, resulted
in a negative determination, issued on August 15, 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 Shine Electronics Company, Inc., Long Island
City, New York (Shine Electronics Company). The workers’ firm is
engaged in activities related to the supply of cellular phone
refurbishment services. The subject worker group includes on-
site leased workers Active Staffing and Segue Staffing.
A negative determination on the application of regulatory
reconsideration was issued on October 3, 2014. The petitioner did
not provide new information or additional documentation indicating
that there was either a mistake in the determination of facts not
previously considered or a misinterpretation of facts, or of the
law justifying reconsideration of the initial determination.
Based on information reviewed during the statutory
reconsideration investigation, the Department of Labor determines
that the requirements for certification have not been met.
With respect to Section 222(a)(2)(A) of the Act, the
investigation revealed no increased imports of services like or
directly competitive with the refurbishment services supplied by
Shine Electronics Company and no increased imports of articles
produced using services like or directly competitive with the
refurbishment services supplied by Shine Electronics Company,
during the twelve month period prior to the petition date when
compared to the representative base period, per 29 CFR 90.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Shine Electronics Company did not shift
the supply of refurbishment services, or a like or directly
competitive service, to a foreign country or acquire such
services, from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Shine Electronics Company is not 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied because Criterion (1)
has not been met since the workers’ firm has not been publicly
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 Shine
Electronics Company, Inc., including on-site leased workers from
Active Staffing and Segue Staffing, Long Island City, New York,
to apply for adjustment assistance, in accordance with Section 223
of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 27th 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-85,413

SHINE ELECTRONICS COMPANY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ACTIVE STAFFING AND SEGUE STAFFING
LONG ISLAND CITY, NEW YORK

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated September 5, 2014, a former 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 Shine Electronics Company, Inc., Long Island City, New York (subject firm). The determination was issued on August 15, 2014. The Department’s Notice of determination was published in the Federal Register on September 11, 2014 (79 FR 54297).
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 was based on the Department’s finding 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 Act). During the investigation, the Department obtained information from the petitioners and the subject firm that the subject firm is engaged in the supply of repair services.
The investigation revealed that the subject firm 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.
The request for reconsideration states that the subject firm supplies repair services (“we . . . performed services related to cellular phone repair services”) and alleges increased imports of repair services (“the direct competition between customer imports of cell phone repair services and the services supplied by Shine Electronics have increased.”)
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 3rd day of October, 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-85,413

SHINE ELECTRONICS COMPANY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ACTIVE STAFFING AND SEGUE STAFFING
LONG ISLAND CITY, NEW YORK


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 July 7, 2014 by workers of Shine Electronics Company, Inc., Long
Island City, New York (Shine Electronics Company). The workers' firm
is engaged in activities related to the supply of cellular phone
refurbish services. The worker group includes on-site leased workers
Active Staffing and Segue Staffing.
Workers are eligible to apply for Trade Adjustment Assistance
(TAA) under TA-W-80,125.
The petition states "Our business partner, Motorola had been
acquired. It results in decrease of our company's production. Also
the import price of mobile parts from China has increased since last
year this foreign trade increased the lost of company and decreased
the profits. The decreasing business finally resulted in our
separations."
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed Shine Electronics Company 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 cellular phone
refurbish 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 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 Shine Electronics Company, Inc., Long
Island City, New York, 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 15th day of August 2014.

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