DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,470

ELSEVIER, INC.
A SUBSIDIARY OF REED ELSEVIER, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP LLC AND K FORCE, INC.
MARYLAND HEIGHTS, MISSOURI

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 August 8, 2014,
resulted in a negative determination, issued on September 12,
2014, that was based on no shift in production, and no company
or customer imports. The determination was applicable to
workers and former workers of Elsevier, Inc., a subsidiary of
Reed Elsevier, Inc., including on-site leased workers from
Populus Group LLC and K Force, Inc., Maryland Heights, Missouri.
(Elsevier). The workers’ firm is engaged in activities related
to the production of scientific journals and publications;
however, the affected worker groups are engaged in activities
related to the supply of internal financial services.

Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
supply of financial services shifted to a foreign country,
which contributed importantly to the workers separations at
the firm. 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)(B) has been met because the workers’
firm has acquired from a foreign country services like or
directly competitive with services supplied by the workers
which contributed importantly to worker group separations
at Elsevier.

Conclusion

After careful review, I determine that workers of Elsevier, Inc.,
a subsidiary of Reed Elsevier, Inc., Maryland Heights, Missouri,
who are engaged in activities related to supply of internal
financial 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 Elsevier, Inc., a subsidiary of Reed Elsevier,
Inc., including on-site leased workers from Populus Group LLC
and K Force, Inc., Maryland Heights, Missouri who became totally
or partially separated from employment on or after August 7,
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 19th day of August, 2015


/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-85,470

ELSEVIER, INC.
A SUBSIDIARY OF REED ELSEVIER, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP LLC AND K FORCE, INC.
MARYLAND HEIGHTS, MISSOURI


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 August 8, 2014 by workers of Elsevier, Inc., a
subsidiary of Reed Elsevier, Inc., Maryland Heights, Missouri
(Elsevier). The workers' firm is engaged in activities related to
the production of scientific journals and publications. The
subject worker group includes on-site leased workers from
Populus Group LLC and K Force, Inc.
The petition states "Jobs have been relocated to Manila,
Philippines."
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Elsevier did not shift the production
of scientific journals and publications, 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
scientific journals and publications produced by Elsevier have
not increased during the relevant period.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Elsevier 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 Elsevier, Inc., a
subsidiary of Reed Elsevier, Inc., including on-site leased
workers from Populus Group LLC and K Force, Inc., Maryland
Heights, Missouri, 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 12th day of September, 2014

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