Petitioner Type: State
Impact Date:
Filed Date: 12/15/2014
Most Recent Update: 03/17/2016
Determination Date: 12/31/2014
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,720
XEROX COMMERCIAL SOLUTIONS, LLC
UTAH HEALTHCARE DIVISION
KENNETT, MISSOURI
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 December 12, 2014,
resulted in a negative determination, issued on December 31, 2014
that was based on the findings that the subject firm did not
produce an article. The workers’ firm is engaged in activities
related to the supply of document scan and mailing services for
the firm’s client. The determination was applicable to the workers
and former workers of Xerox Commercial Solutions, LLC, Utah
Healthcare Division, Kennett, Missouri (hereafter referred to as
“Xerox Commercial”).
Based on information reviewed during the reconsideration
investigation, the Department of Labor 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 that neither the workers’ firm nor its
customer increased imports of services like or directly
competitive with the document scan and mailing services supplied
by the workers at Xerox Commercial.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift the
supply of document scan and mailing services, or like or directly
competitive services, to a foreign country or acquire document
scan and mailing services, or like or directly competitive
services, from a foreign country. Rather, the services supplied
by the subject workers were shifted to an affiliated domestic
facility.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Xerox Commercial 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied 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 Xerox
Commercial Solutions, LLC, Utah Healthcare Division, Kennett,
Missouri, to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 17th 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-85,720
XEROX COMMERCIAL SOLUTIONS, LLC
UTAH HEALTHCARE DIVISION
KENNETT, MISSOURI
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 December 15, 2014 by a State Workforce Office on behalf of
workers of Xerox Commercial Solutions, LLC, Utah Healthcare
Division, Kennett, Missouri. Xerox Commercial produces digital
printing products. Workers in the Utah Healthcare Division are
engaged in activities related to document scan and mailing
services.
The petitioner alleged that, "Business has moved out-of-
state." The investigation included data collection from the
workers' firm.
With respect to Section 222(a)(2)(A) and Section 222(a)(2)(B)
of the Act, the investigation revealed that worker separations at
the Utah Healthcare Division are not attributable to increased
imports of articles or a shift in production of articles to a
foreign country. Rather, the investigation confirmed that document
scan and mailing services have shifted to another location within
the United States.
With respect to Section 222(b) of the Act, the investigation
revealed that the Utah Healthcare Division 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 Xerox Commercial Solutions, LLC,
Utah Healthcare Division, Kennett, Missouri, 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 31st day of December 2014.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-85,720
XEROX COMMERCIAL SOLUTIONS, LLC
UTAH HEALTHCARE DIVISION
KENNETT, MISSOURI
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 December 12, 2014,
resulted in a negative determination, issued on December 31, 2014
that was based on the findings that the subject firm did not
produce an article. The workers’ firm is engaged in activities
related to the supply of document scan and mailing services for
the firm’s client. The determination was applicable to the workers
and former workers of Xerox Commercial Solutions, LLC, Utah
Healthcare Division, Kennett, Missouri (hereafter referred to as
“Xerox Commercial”).
Based on information reviewed during the reconsideration
investigation, the Department of Labor 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 that neither the workers’ firm nor its
customer increased imports of services like or directly
competitive with the document scan and mailing services supplied
by the workers at Xerox Commercial.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift the
supply of document scan and mailing services, or like or directly
competitive services, to a foreign country or acquire document
scan and mailing services, or like or directly competitive
services, from a foreign country. Rather, the services supplied
by the subject workers were shifted to an affiliated domestic
facility.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Xerox Commercial 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied 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 Xerox
Commercial Solutions, LLC, Utah Healthcare Division, Kennett,
Missouri, to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 17th 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-85,720
XEROX COMMERCIAL SOLUTIONS, LLC
UTAH HEALTHCARE DIVISION
KENNETT, MISSOURI
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 December 15, 2014 by a State Workforce Office on behalf of
workers of Xerox Commercial Solutions, LLC, Utah Healthcare
Division, Kennett, Missouri. Xerox Commercial produces digital
printing products. Workers in the Utah Healthcare Division are
engaged in activities related to document scan and mailing
services.
The petitioner alleged that, "Business has moved out-of-
state." The investigation included data collection from the
workers' firm.
With respect to Section 222(a)(2)(A) and Section 222(a)(2)(B)
of the Act, the investigation revealed that worker separations at
the Utah Healthcare Division are not attributable to increased
imports of articles or a shift in production of articles to a
foreign country. Rather, the investigation confirmed that document
scan and mailing services have shifted to another location within
the United States.
With respect to Section 222(b) of the Act, the investigation
revealed that the Utah Healthcare Division 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 Xerox Commercial Solutions, LLC,
Utah Healthcare Division, Kennett, Missouri, 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 31st day of December 2014.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance