DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,791

MWI VETERINARY SUPPLY CO.
A WHOLLY OWNED SUBSIDIARY OF
MWI VETERINARY SUPPLY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AMBASSADOR, EXPRESS PROS, MEGA FORCE,
AND TEMPORARY CONNECTIONS
WARSAW, NORTH CAROLINA

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 January 27, 2015,
resulted in a negative determination, issued on March 4, 2015, that
was based on the firm not producing an article. The determination
was applicable to workers and former workers of MWI Veterinary
Supply Co., a wholly owned subsidiary of MWI Veterinary Supply,
Inc., including on-site leased workers from Ambassador, Express
Pros, Mega Force, and Temporary Connections, Warsaw, North Carolina
(herein referred to as “MWI”). The workers’ firm is engaged in
activities related to the supply of distribution and resale
services of animal health products within the veterinary
profession in the United States. Products distributed include
pharmaceuticals, vaccines, parasiticides, diagnostics, micro feed
ingredients, suppliers, specialty products, veterinary pet food,
capital equipment, and nutritional products that are not produced
by MWI.
The petitioner alleges that IVESCO was bought out by MWI,
which was bought out by AmeriSource-Bergen, which is a larger
company and is buying up smaller companies. AmeriSource-Bergen
does business overseas.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that there was no
shift in services to a foreign country by MWI and no increase
imports of like or directly competitive services to a foreign
country.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that MWI did not increase imports of like
or directly competitive distribution and resale services. MWI
does not import like or directly competitive distribution and
resale services.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that MWI did not shift the supply of like
or directly competitive services to a foreign country or acquire
services from a foreign country. Services will remain within the
United States.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that MWI 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).
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 of the facts obtained in the
investigation, 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 MWI Veterinary Supply Co., a
wholly owned subsidiary of MWI Veterinary Supply, Inc., including
on-site leased workers from Ambassador, Express Pros, Mega Force,
and Temporary Connections, Warsaw, North Carolina, who are engaged
in activities related to the supply of distribution and resale
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 4th day of December, 2015

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


DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-85,791

MWI VETERINARY SUPPLY CO.
A WHOLLY OWNED SUBSIDIARY OF
MWI VETERINARY SUPPLY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AMBASSADOR, EXPRESS PROS, MEGA FORCE,
AND TEMPORARY CONNECTIONS
WARSAW, NORTH CAROLINA

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 January 27, 2015 on behalf of workers of MWI Veterinary
Supply Co., a wholly owned subsidiary of MWI Veterinary Supply,
Inc., Warsaw, North Carolina (MWI Veterinary Supply Co.). The
workers' firm is engaged in activities related to the distribution
and resale of animal health products within the veterinary
profession in the United States. Products distributed include
pharmaceuticals, vaccines, parasiticides, diagnostics, micro feed
ingredients, suppliers, specialty products, veterinary pet food,
capital equipment, and nutritional products. The subject worker
group includes on-site leased workers from Ambassador, Express
Pros, Mega Force, and Temporary Connections.
The petitioners alleged that IVESCO was bought out by MWI,
which was bought out by AmeriSource-Bergen, which is a larger
company and is buying up smaller companies. AmeriSource-Bergen
does business overseas.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
The investigation revealed that MWI Veterinary Supply Co.,
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 the
distribution and resale of engaged in activities related to the
distribution and resale of animal health products within the
veterinary profession in the United States. Production did not
take place within the firm.
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 MWI Veterinary
Supply Co., a wholly owned subsidiary of MWI Veterinary Supply,
Inc., including on-site leased workers from Ambassador, Express
Pros, Mega Force, and Temporary Connections, Warsaw, North Carolina
engaged in activities related to the engaged in activities
related to the distribution and resale of animal health products
within the veterinary profession in the United States 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 4th day of March, 2015.


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