DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,284

NETAPP, INC.
CUSTOMER SERVICE DIVISION
WICHITA, KANSAS

Certification 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.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) 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;
(2)(B)(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/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on October 3, 2016 by a state workforce office on behalf
of workers of NetApp, Inc., Customer Service Division, Wichita,
Kansas (herein referred to as "NetApp, Inc."). The workers'
firm is engaged in activities related to the supply of data
storage hardware and software solutions. The worker group
specifically supplies call center services involving problem-
solving customer issues.
During the course of the investigation, information was
collected from the petitioner and the workers' firm.
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 NetApp,
Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of NetApp, Inc.,
Customer Service Division, Wichita, Kansas, who are engaged in
activities related to the supply of call center services
involving problem-solving customer issues 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 NetApp, Inc., Customer Service Division,
Wichita, Kansas, who became totally or partially separated
from employment on or after September 30, 2015 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 October 2016.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance