Petitioner Type: State
Impact Date:
Filed Date: 11/07/2014
Most Recent Update: 02/21/2016
Determination Date: 01/08/2015
Expiration Date:
Employment and Training Administration
TA-W-85,632
INTUIT, INC.
CUSTOMER CARE GROUP
INCLUDING ON-SITE LEASED WORKERS FROM ICON
MOUNTAIN VIEW, CALIFORNIA
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 November 7, 2014,
resulted in a negative determination, issued on January 8, 2015,
that was based on the worker separations are not attributable to a
shift in production of articles to a foreign country or increased
foreign imports. The determination was applicable to workers and
former workers of Intuit, Inc., Customer Care Group, including
on-site leased workers from Icon, Mountain View, California.
The workers’ firm is engaged in activities related to the
production of financial software products and applications. The
subject work group is engaged in activities related to the supply
of customer support services.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that worker
separations were not attributable to increased imports, shifts to a
foreign country, acquisitions from a foreign country, or any
secondary impacts.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of services like or directly
competitive with the services supplied by Intuit, Inc., Customer
Care Group, including on-site leased workers from Icon, Mountain
View, California, did not contribute importantly to worker
separations. The firm did not import services like or directly
competitive to what was supplied by the worker group.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
customer support services or a like or directly competitive
service to a foreign country or customer support services or a
like or directly competitive service from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Intuit, Inc., Customer Care Group,
including on-site leased workers from Icon, Mountain View,
California, is not a Supplier 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because Criterion
(1) has not been met since the workers’ firm has not been publicly
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 Intuit, Inc.,
Customer Care Group, including on-site leased workers from Icon,
Mountain View, California, who were engaged in employment related
to the supply of customer support services to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C. §
2273.
Signed in Washington, D.C. this 21st day of February, 2016.
/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,632
INTUIT, INC.
CUSTOMER CARE GROUP
INCLUDING ON-SITE LEASED WORKERS FROM ICON
MOUNTAIN VIEW, 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 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 November 7, 2014 by a State Workforce Office on behalf
of workers of Intuit, Inc., Customer Care Group, Mountain View,
California. Intuit, Inc. is engaged in activities related to
the production of financial software products and applications.
The Customer Care Group provides post-sale customer support.
The worker group includes on-site leased workers from Icon.
The petitioner provided the following reasoning regarding
worker separations, "The department was closed. Client has
reason to believe it was shifted to a foreign country." During
the course of the investigation, information was collected
from the petitioner and subject firm.
The investigation confirmed that the Customer Care Group
is located in Mountain View, California rather than Oakland,
California.
With respect to Section 222(a)(2)(A), the investigation
revealed that imports of articles like or directly competitive
with the articles produced by Intuit, 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.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the worker separations are not
attributable to a shift in production of articles to a foreign
country. Rather, the investigation confirmed that the worker
separations are attributable to a shift of services within the
United States.
The investigation revealed that Intuit 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 Intuit, Inc.,
Customer Care Group, including on-site leased workers from
Icon, Mountain View, 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 8th day of January 2015
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance