DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,439

QUALFON DATA SERVICES GROUP, LLC
0002 DIVISION
INCLUDING WORKERS WHOSE WAGES WERE REPORTED THROUGH
CATSKILL CONSULTING SERVICES, LLC
DEPOSIT, NEW YORK

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 July 23, 2014, resulted
in a negative determination, issued on August 14, 2014, that was
based on the firm not producing an article. The determination was
applicable to workers and former workers of Qualfon Data Services
Group, LLC, 0002 Division, Deposit, New York. The subject worker
group includes workers whose wages were reported through Catskill
Consulting Services, LLC. The workers’ firm was engaged in
activities related to the supply of business process outsourcing
services. Specifically, the worker group supplied searches,
keying, examining, and quality assurance (QA), as well as tax and
other title services.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that customer
imports of services contributed importantly to worker group
separations.
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)(A)(i) has been met because the sales of
business process outsourcing services by Qualfon Data Services
Group, LLC, 0002 Division, including workers whose wages were
reported through Catskill Consulting Services, LLC, Deposit, New
York have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of services like or directly competitive with the service
supplied by Qualfon Data Services Group, LLC, 0002 Division,
including workers whose wages were reported through Catskill
Consulting Services, LLC, Deposit, New York have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased reliance on customer imports contributed importantly to
the worker group separations and sales/production declines at
Qualfon Data Services Group, LLC, 0002 Division, including workers
whose wages were reported through Catskill Consulting Services,
LLC, Deposit, New York.
Conclusion
After careful review, I determine that workers of Qualfon Data
Services Group, LLC, 0002 Division, including workers whose wages
were reported through Catskill Consulting Services, LLC, Deposit,
New York who are engaged in activities related to supply of
business process outsourcing services including searches, keying,
examining, and quality assurance (QA), as well as tax and other
title 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 Qualfon Data Services Group, LLC, 0002
Division, including workers whose wages were reported through
Catskill Consulting Services, LLC, Deposit, New York who
became totally or partially separated from employment on or
after July 22, 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 30th day of March, 2016


/s/Hope D. Kinglock
_____________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,439

QUALFON DATA SERVICES GROUP, LLC
0002 DIVISION
DEPOSIT, 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 23, 2014 on behalf of workers of Qualfon Data
Services Group, LLC, 0002 Division, Deposit, New York. The workers'
firm is engaged in activities related to the supply of business
process outsourcing services. Specifically, the worker group
supplies searches, keying, examining, and quality assurance (QA),
as well as Tax and other Title services.
The petitioners' alleged that, "This location produced title
searches, examinations and keying for certain lenders who
required the work be done in the United States. Changes in the
lender's policies allowed the work to be performed in China and
the Philippines. This caused the closure of the New York
facility."
During the course of the investigation, information was
collected from the workers' firm and the petitioners.
The investigation revealed that Qualfon Data Services Group,
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 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
business process outsourcing. Specifically, the workers supply
searches, keying, examining, and quality assurance (QA), as well
as Tax and other Title 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 Qualfon Data
Services Group, LLC, 0002 Division, Deposit, New York engaged in
activities related to the supply of business process outsourcing
services, specifically searches, keying, examining, and quality
assurance (QA), as well as Tax and other Title 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 14th day of August 2014.

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