DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,041

NIKE, INC.
PROCURE TO PAY OPERATIONS GROUP
FINANCE DEPARTMENT
BEAVERTON, OREGON

TA-W-91,041A

NIKE, INC.
CORPORATE SERVICES, LOGISTICS & SERVICES, AND PROGRAM/PROCESS
EXCELLENCE DEPARTMENTS
BEAVERTON, OREGON

Determinations Regarding Eligibility
To Apply for Worker 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), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). 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 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 the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

(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) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated have
increased; AND
(iii) the increase in imports 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.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm; and
(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers' separation or threat of separation.

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 or
service 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."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));

(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on October 9, 2015 by a state workforce office on behalf
of workers of Nike, Inc., Procure To Pay Operations Group,
Finance Department, Beaverton, Oregon (TA-W-91,041) and Nike,
Inc., Corporate Services, Logistics & Services, and
Program/Process Excellence Departments, Beaverton, Oregon (TA-
W-91,041A). The worker groups include workers who are engaged
in activities related to the supply of finance and accounting
services; specifically, internal accounting support services to
the firm such as "invoice processing, payment processing,
expense processing and reporting (TA-W-91,041) and workers who
are engaged in activities related to corporate services,
logistics & services, and program/process excellence functions
(TA-W-91,041A). Workers are separately identifiable by
function.
The petitioner alleged that the services provided by the
workers were being outsourced to a foreign country, resulting
in worker separations at the subject firm.
During the course of the investigation, information was
collected from the petitioner and workers' firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed, as it relates to workers of Nike,
Inc., Corporate Services, Logistics & Services, and
Program/Process Excellence Departments, Beaverton, Oregon (TA-
W-91,041A), that imports of services like or directly
competitive with corporate services, logistics & services, and
program/process excellence functions have not increased.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
services like or directly competitive with Corporate Services,
Logistics & Services, and Program/Process Excellence functions
to a foreign country or acquire like or directly competitive
services from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Nike, Inc., Corporate Services,
Logistics & Services, and Program/Process Excellence
Departments, Beaverton, Oregon (TA-W-91,041A) is not a Supplier
or acts as 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 because 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.
The investigation further revealed, as it relates workers
of Nike, Inc., Procure To Pay Operations Group, Finance
Department, Beaverton, Oregon (TA-W-91,041) that 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 acquired from a foreign country services like or
directly competitive with services supplied by the workers which
contributed importantly to worker group separations at Nike,
Inc., Procure To Pay Operations Group, Finance Department,
Beaverton, Oregon (TA-W-91,041).
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nike, Inc., Procure
to Pay Operations Group, Finance Department, Beaverton, Oregon
(TA-W-91,041), who are engaged in activities related to the
supply of internal accounting support services 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 Nike, Inc., Procure to Pay Operations
Group, Finance Department, Beaverton, Oregon (TA-W-
91,041), who became totally or partially separated from
employment on or after October 8, 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."
Furthermore, 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 Nike,
Inc., Corporate Services, Logistics & Services, and
Program/Process Excellence Departments, Beaverton, Oregon (TA-W-
91,041A) engaged in activities related to the supply of
corporate services, logistics & services, and program/process
excellence functions to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 6th day of September 2016.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance