Denied
« back to search results

TAW-85595  /  Quad/Graphics (Woodstock, IL)

Petitioner Type: State
Impact Date:
Filed Date: 10/15/2014
Most Recent Update: 03/30/2016
Determination Date: 12/11/2014
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,595

QUAD/GRAPHICS
WOODSTOCK DIVISION
A SUBSIDIARY OF QUAD/GRAPHICS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
MASTERSON STAFFING SOLUTIONS
WOODSTOCK, ILLINOIS

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 October 15, 2014,
resulted in a negative determination, issued on December 11, 2014,
that was based on the Department’s findings that, during the
relevant period, imports of magazines and catalogues, or like or
directly competitive articles, did not increase; that the subject
firm did not shift production of magazines and catalogues, or like
or directly competitive articles, to a foreign country; and that
the subject firm is neither a Supplier nor a Downstream Producer.
The determination was applicable to workers and former workers of
Quad/Graphics, Woodstock Division, a subsidiary of Quad/Graphics,
Inc., including on-site leased workers of Masterson Staffing
Solutions, Woodstock, Illinois (Quad/Graphics-Woodstock). The
workers’ firm is engaged in activities related to the production of
printing and binding for magazine and catalogs.
Based on information reviewed during the reconsideration
investigation, the Department determines that the requirements for
certification have not been met.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased imports by the subject firm of
magazines and catalogues, or like or directly competitive articles,
during relevant period as 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 the subject firm did not shift
production of magazines and catalogues, or like or directly
competitive articles, to a foreign country or acquire such
production from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Quad/Graphics-Woodstock is not a
Supplier or Downstream Producer to a firm (or subdivision,
whichever is applicable) 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 the workers’
firm has not been publically 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
Quad/Graphics, Woodstock Division, a subsidiary of Quad/Graphics,
Inc., including on-site leased workers from Masterson Staffing
Solutions, Woodstock, Illinois, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C. §
2273.
Signed in Washington, D.C. this 30th day of March, 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-85,595

QUAD/GRAPHICS
WOODSTOCK DIVISION
A SUBSIDIARY OF QUAD/GRAPHICS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
MASTERSON STAFFING SOLUTIONS
WOODSTOCK, ILLINOIS

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 Trade
Adjustment Assistance (TAA) petition filed on October 15, 2014
by a State Workforce Agency on behalf of workers of
Quad/Graphics, Woodstock Division, a subsidiary of
Quad/Graphics, Inc., Woodstock, Illinois (Quad/Graphics). The
workers' firm is engaged in activities related to the production
of printing and binding for magazine and catalogs. Workers
were not separately identifiable by articles produced.
The worker group includes on-site leased workers from
Masterson Staffing Solutions.
The petition states "Other Quad Graphics locations were
approved for Trade. Quad Graphics has plants located outside the
U.S. It is likely that printing and binding of books will be
done at plants located outside the U.S."
Workers at other Quad/Graphics, Inc. facilities are
eligible to apply for TAA: TA-W-83,197 (Dubuque, Iowa); TA-W-
81,482 (Jonesboro, Arkansas); and TA-W-81,247 (Dickson,
Tennessee).
During the course of the investigation, information was
collected from the subject firm and publically available
sources.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Quad/Graphics did not shift the
production of magazine and catalogs, or like or directly
competitive articles, to any 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 magazine and catalogs produced by Quad/Graphics
have not increased during the relevant period. The subject firm
did not report increased imports of magazines and catalogs, or
like or directly competitive articles.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Quad/Graphics 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
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 Quad/Graphics,
Woodstock Division, a subsidiary of Quad/Graphics, Inc.,
including on-site leased workers of Masterson Staffing
Solutions, Woodstock, Illinois, 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 11th day of December, 2014


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