DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,429

SAN BERNARDINO SUN
A SUBSIDIARY OF CALIFORNIA NEWSPAPER PARTNERSHIP
MAGAZINE ADVERTISEMENT UNIT
SAN BERNANDINO, CALIFORNIA

TA-W-85,429A

INLAND VALLEY DAILY BULLETIN
A SUBSIDIARY OF CALIFORNIA NEWSPAPER PARTNERSHIP
MAGAZINE ADVERTISEMENT UNIT
ONTARIO, CALIFORNIA


Notice of Revised Determination on Reconsideration

By application dated November 3, 2014, the State of
California requested administrative reconsideration of the
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance and Alternative Trade Adjustment Assistance
applicable to workers and former workers of San Bernardino Sun,
a subsidiary of California Newspapers Partnership, San Bernardino,
California (SBSUN) and Inland Valley Daily Bulletin, a subsidiary
of California Newspapers Partnership, Ontario, California (IVDB).
SBSUN and IVDB are engaged in the production of newspapers. On
October 6, 2014, the Department issued a determination which
identified SBSUN and IVDB as one firm located in Ontario,
California, and stated that the subject firm did not shift
production of newspapers, or like or directly competitive articles,
to a foreign country; did not increase imports of newspapers, or
like or directly competitive articles; and is neither a Supplier
or Downstream Producer to a firm that employer a worker group
eligible to apply for Trade Adjustment Assistance (TAA) under
Section 222(a) of the Trade Act of 1974, as amended.

The request for reconsideration included new information
which clarifies that SBSUN and IVADB are different entities and
supported the petitioner’s allegation that magazine advertisement
production shifted from California to a foreign country.

During the reconsideration investigation, the Department
carefully reviewed new and previously-submitted information from
several separated workers, the State of California, the subject
firm, and public sources. The Department also reviewed industry
trends with regards to like or directly competitive articles.

Consequently, the Department determines that the subject
worker group was incorrectly identified to consist of workers and
former workers of one firm instead of two affiliated firms --
SBSUN and IVDB – and clarifies that the subject worker groups
consist of workers within the “Magazine Advertisement Unit” of the
after-mentioned firms (SBSUN-MAU and IVCB-MAU, respectively). The
Department also determines that, with regards to SBSUN-MAU and
IVCB-MAU, the group eligibility criteria have been met.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in SBSUN-MAU and IVCB-MAU have become
totally or partially separated.
Section 222(a)(2)(B) has been met because the employment
declines within SBSUN-MAU and IVCB-MAU are related to the shift
in production of magazine advertisements to a foreign country
followed by likely or actual increased imports of magazine
advertisements (or like or directly competitive articles).

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.
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 because a significant
number of workers in the firms are 50 years of age or older. Section
246(a)(3)(A)(ii)(II) has been met because the workers in the workers’
firms possess skills that are not easily transferrable. Section
246(a)(3)(A)(ii)(III) has been met because conditions within the
workers’ industry are adverse.

Conclusion

After careful review of information obtained during the
initial and reconsideration investigations, I determine that workers of
SBSUN-MAU and IVCB-MAU, who are engaged in employment related to the
production of advertisements, 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 San Bernardino Sun, a subsidiary of California
Newspapers Partnership, Magazine Advertisement Unit, San Bernardino,
California (TA-W-85,429), and Inland Valley Daily Bulletin, a subsidiary
of California Newspapers Partnership, Magazine Advertisement Unit, Ontario,
California (TA-W-85,429A), who became totally or partially separated from
employment on or after July 15, 2013 through two years from the date of this
certification are eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are eligible to apply for
alternative trade adjustment assis¬tance under Section 246 of the Trade
Act of 1974."

Signed at Washington, D.C. this 28th day of April, 2015

/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-85,429

SAN BERNARDINO SUN (SBSUN)/INLAND VALLEY DAILY BULLETIN (IVDB)
A SUBSIDIARY OF CALIFORNINA NEWSPAPERS PARTNERSHIP
ONTARIO, CALIFORNIA

Negative 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.
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 July 18, 2014 by a State Workforce Agency on behalf of
workers of San Bernardino Sun (SBSUN)/Inland Valley Daily
Bulletin (IVDB), a subsidiary of California Newspapers
Partnership, Ontario, California (San Bernardino Sun/Inland
Valley Daily Bulletin). The workers' firm is engaged in
activities related to the production of newspapers.
The petition states "All graphics design/art dept. were
laid off and that work was outsourced to India." The petition
indicates attachments and/or additional information but none
were submitted.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that San Bernardino Sun/Inland Valley
Daily Bulletin did not shift the production of newspapers, or
like or directly competitive articles, to a foreign country.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that that Criterion (2)(A)(ii) has not
been met because imports of articles like or directly
competitive with newspapers produced by San Bernardino
Sun/Inland Valley Daily Bulletin have not increased during the
relevant period.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that San Bernardino Sun/Inland Valley
Daily Bulletin 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).
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 San Bernardino
Sun (SBSUN)/Inland Valley Daily Bulletin (IVDB), a subsidiary
of California Newspapers Partnership, Ontario, California, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, as amended, and are also
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, amended.
Signed in Washington, D.C. this 6th day of October, 2014


/s/Del Min Amy Chen
______________________________

DEL MIN AMY CHENCertifying
Officer, Office of
Trade Adjustment Assistance