DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,381

SEAGATE TECHNOLOGY LLC
SCOTTS VALLEY, CALIFORNIA

TA-W-92,381A

SEAGATE TECHNOLOGY LLC
INCLUDING ON-SITE LEASED WORKERS FROM GLOBAL TECHNICAL TALENT
CUPERTINO, CALIFORNIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Negative Determination 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 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 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer." 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.

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 November 2, 2016 by a state workforce office on behalf
of workers of Seagate Technology, LLC, Scotts Valley,
California (TA-W-92,381) and Seagate Technology, LLC,
Cupertino, California (TA-W-92,381A). The workers' firm is
engaged in activities related to the supply of IT support. The
workers under TA-W-92,381 Seagate Technology, LLC, Scotts
Valley, California are engaged in activities related to the
supply of IT support, specifically enterprise application
support of IT infrastructure and e-Security. The workers under
TA-W-92,381A Seagate Technology, LLC, Cupertino, California
are engaged in activities related to the supply of
administrative, sales, marketing, supply chain, and operations
support. The worker group under TA-W-92,381A includes on-site
leased workers from Global Technical Talent.
The petitioner alleges, "The foreign trade threat is mostly
companies like SanDisk & Samsung. They are creating computer
storage systems that are competitive and this is causing loss of
market share for US firms."
During the course of the investigation, information was
collected from the workers' firm.
TA-W-92,381
The investigation revealed that workers of Seagate
Technology, LLC, Scotts Valley, California, meet the criteria
for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in Seagate Technology, LLC,
Scotts Valley, California 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 the supply of a service
like or directly competitive with the service supplied by the
workers which contributed importantly to worker group
separations at Seagate Technology, LLC, Scotts Valley,
California.
TA-W-92,381A
The investigation revealed that workers of Seagate
Technology, LLC, including onsite leased workers from Global
Technical Talent, Cupertino, California (Seagate-Cupertino) do
not meet the criteria for certification.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that subject firm imports of services
like or directly competitive with administrative, sales,
marketing, supply chain, and operations support services
supplied by Seagate-Cupertino did not increase.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift the
supply of administrative, sales, marketing, supply chain, and
operations support services, or a like or directly competitive
service, to a foreign country or acquire administrative,
sales, marketing, supply chain, and operations support or a
like or directly competitive service from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Seagate-Cupertino is not a
Supplier 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). While the subject firm supplied services 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), such supply is not related to the service that
was the basis for such certification.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Seagate-Cupertino does not act 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 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, with regards to TA-W-92,381A,
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 Seagate Technology, LLC, including onsite leased
workers from Global Technical Talent, Cupertino, California
(TA-W-92,381A) to apply for adjustment assistance, in accordance
with Section 223 of the Act, 19 U.S.C. § 2273.
Furthermore, after careful review of the facts obtained in
the investigation, I determine that, with regards to TA-W-
92,381, workers of Seagate Technology, LLC, Scotts Valley,
California, who are engaged in activities related to the supply
of information technology support 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 Seagate Technology, LLC, Scotts Valley,
California, who became totally or partially separated from
employment on or after November 1, 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."
Furthermore,
Signed in Washington, D.C. this 19th day of December 2017.

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