DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,556

HCL AMERICA INC.
ERS DIVISION
A SUBSIDIARY OF HCL TECHNOLOGIES LTD.
HCL BERMUDA LTD. AND AXON GROUP LTD.
FRAMINGHAM, MASSACHUSETTS

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 January 17, 2017, by three workers on behalf of workers
of HCL America Inc., ERS Division, a subsidiary of HCL
Technologies Ltd., HCL Bermuda Ltd. and Axon Group Ltd.,
Framingham, Massachusetts (HCL America-ERS). Workers of HCL
America-ERS are engaged in activities related to the supply of
software development and technical support services. The
subject worker group (HCL America-ERS) does not include any on-
site leased workers but may include home-based/remote workers
who report to the Framingham, Massachusetts facility.
During the course of the investigation, information was
collected from the workers' firm and petitioners.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in HCL America-ERS 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(n) service
like or directly competitive with the software development and
technical support services supplied by the workers which
contributed importantly to worker group separations at HCL
America-ERS.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of HCL America-ERS,
Framingham, Massachusetts, who are engaged in activities related
to the supply of software development and technical 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 HCL America Inc., ERS Division, a
subsidiary of HCL Technologies Ltd., HCL Bermuda Ltd. and
Axon Group Ltd., Framingham, Massachusetts, who became
totally or partially separated from employment on or after
January 13, 2016, 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 10th day of March 2017.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance