DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,514

AVON PRODUCTS, INC.
CUSTOMER CONTACT CENTER
SPRINGDALE, OHIO

TA-W-85,514A

MANPOWER GROUP
WORKING ON-SITE AT AVON PRODUCTS, INC.
CUSTOMER CONTACT CENTER
SPRINGDALE, OHIO

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 September 2, 2014,
resulted in a negative determination, issued on November 18, 2014,
that was based on the predominate cause of layoffs being unrelated
to imports or shifts in production. The determination was applicable
to workers and former workers of Avon Products, Inc., Customer
Contact Center, including on-site leased workers from Manpower
Group, Springdale, Ohio (herein known as “Avon Products, Inc.”).
The workers’ firm is engaged in activities related to the
production of beauty products (cosmetics); however, the
affected worker group is engaged in activities related to the
supply of customer support services (customer contact center).
An Application on Reconsideration (regulatory) was filed on
December 26, 2014 but never determined. The workers, excluding
Manpower Group, were certified eligible to apply for Trade
Adjustment Assistance under petition number TA-W-81,307 which
expired on February 22, 2014.

Based on information reviewed during the statutory
reconsideration investigation, the Department of Labor
determines that acquisition of services from foreign countries
contributed importantly to worker separations at Avon Products,
Inc. 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 the services supplied by the workers
which contributed importantly to worker group separations at
Avon Products, Inc.

Conclusion

After careful review, I determine that workers of Avon Products,
Inc., Customer Contact Center, including on-site leased workers
from Manpower Group, Springdale, Ohio who are engaged in activities
related to supply of customer 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 Avon Products, Inc., Customer Contact Center,
Springdale, Ohio (TA-W-85,514) who became totally or partially
separated from employment on or after February 23, 2014, 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;

AND,

"All workers of Manpower Group, working on-site at Avon Products,
Inc., Customer Contact Center, Springdale, Ohio (TA-W-85,514A) who
became totally or partially separated from employment on or after
August 30, 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 20th day of August, 2015


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




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,514

AVON PRODUCTS, INC.
CUSTOMER CONTACT CENTER
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
SPRINGDALE, OHIO

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 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 September 2, 2014 on behalf of workers of Avon
Products, Inc., Customer Contact Center, Springdale, Ohio. The
workers' firm is engaged in activities related to the production
of beauty products. Specifically, the worker group supplied
customer service support.
The petition alleges that, "portions of the jobs went
overseas, and the business had declined."
During the course of the investigation, information was
collected from the workers' firm and the petitioners.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift
production of beauty products to a foreign country.
With respect to Section 222(a)(2)(A)(iii), the
investigation revealed that imports of articles like or
directly competitive with the beauty products produced by Avon
Products, Inc. did not contribute importantly to such workers'
separation or threat of separation and to the decline in sales
or production of such firm or subdivision.
The investigation revealed that Avon Products, Inc. is not
a Supplier or a 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 is related to the finished article that was the basis for
such certification.
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 Avon Products,
Inc., Customer Contact Center, Springdale, Ohio engaged in
activities related to the production of beauty products,
specifically customer service support for the firm's production
of beauty products, are denied eligibility to apply for adjust-
ment 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 18th day of November 2014

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