DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,731

SUN LIFE FINANCIAL (U.S.) SERVICES COMPANY, INC.
A SUBSIDIARY OF SUN LIFE FINANCIAL INC.
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO USA, INC.
WELLESLEY HILLS, MASSACHUSETTS

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 December 17, 2014,
resulted in a negative determination, issued on March 2, 2015, that
was based on the subject firm not producing an article. The
determination was applicable to workers and former workers of Sun
Life Financial (U.S.) Services Company, Inc., a subsidiary of Sun
Life Financial Inc., Wellesley Hills, Massachusetts (Sun Life
Financial). The workers’ firm is engaged in activities related to
the supply of group insurance services and related support
activities. The subject worker group includes on-site leased
workers from Adecco USA, Inc.
Workers of the subject firm were previously certified eligible
to apply for Trade Adjustment Assistance (TAA) under petition (TA-
W-81,710; certification expired on August 2, 2014).
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
requirements for certification have been met.
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 shifted to a foreign country a portion of the supply of a
service like or directly competitive with the service supplied by
the workers which contributed importantly to worker group
separations at Sun Life Financial (U.S.) Services Company, Inc.,
a subsidiary of Sun Life Financial Inc., Wellesley Hills,
Massachusetts.

Conclusion
After careful review, I determine that workers of Sun Life
Financial (U.S.) Services Company, Inc., a subsidiary of Sun Life
Financial Inc., including on-site leased workers from Adecco USA,
Inc. Wellesley Hills, Massachusetts, who are engaged in activities
related to supply of group insurance services and related support
activities, 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 Sun Life Financial (U.S.) Services Company,
Inc., a subsidiary of Sun Life Financial Inc., including on-
site leased workers from Adecco USA, Inc., Wellesley Hills,
Massachusetts who became totally or partially separated from
employment on or after August 3, 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.”

Signed in Washington, D.C., this 18th day of March, 2016


/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,731

SUN LIFE FINANCIAL (U.S.) SERVICES COMPANY, INC.
A SUBSIDIARY OF SUN LIFE FINANCIAL, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO USA, INC.
WELLESLEY HILLS, MASSACHUSETTS


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 17, 2014 by a State Workforce Office on behalf of
workers of Sun Life Financial (U.S.) Services Company, Inc., a
subsidiary of Sun Life Financial Inc., Wellesley Hills, Massachusetts
(Sun Life Financial). The workers' firm is engaged in activities
related to the supply of annuities and life insurance services. The
worker group includes on-site leased workers from Adecco USA, Inc.
The petition alleges workers separations occurred because "US
workers were no longer assuming the external relations functions."
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that Sun Life Financial does not
produce an article within the meaning of Section 222(a) or Section
222(b) of the Act. In order to be considered eligible to apply for
adjustment assistance under Section 223 of the Trade Act of 1974, the
worker group seeking certification (or on whose behalf certification
is being sought) must work for a "firm" or appropriate subdivision
that produces an article. The definition of a firm includes an
individual proprietorship, partnership, joint venture, association,
corporation (including a development corporation), business trust,
cooperative, trustee in bankruptcy, and receiver under decree of any
court.
During the investigation, the Department of Labor obtained
information that revealed that the workers' firm did not produce an
article; rather, the workers' firm supplied services related to
annuities and life insurance services.
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 Sun Life Financial (U.S.) Services
Company, Inc., a subsidiary of Sun Life Financial Inc., including on-
site leased workers from Adecco USA, Inc., Wellesley Hills,
Massachusetts, 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 2nd day of March 2015.

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