DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,612

GRAPHICS ART CENTER
A SUBSIDIARY OF CENVEO CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
PORTLAND, OREGON

Notice of Negative Determination
on Reconsideration

On June 8, 2017, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of Graphic Arts Center, a subsidiary of
Cenveo Corporation, Portland, Oregon. The notice is publication
in the Federal Register.
Pursuant to 29 CFR 90.18(c), reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative determination
based, in part, on the Department’s findings that there was no
increase in imports of printing services and no shift or
acquisition by the workers’ firm to/from a foreign country in the
supply of printing services.
In the request for reconsideration, filed on April 24, 2017,
the applicant asserts a misinterpretation of the facts and that the
Department’s misunderstanding of the commercial printing market
lead to an erroneous determination for the petition.
In response to the applicant’s request, information from the
original investigation was reviewed and additional information
was collected from the subject firm, the applicant, and the
firm’s major declining customer(s).
Based on information obtained from the subject firm and the
firm’s customers during the reconsideration investigation, the
Department determines that the workers of Graphics Art Center, a
subsidiary of Cenveo Corporation, including on-site leased workers
from Manpower, Portland, Oregon, are engaged in the production of
customized designs, catalogs, brochures, flyers, etc., designed
by the firm’s customer(s).
The Department also determines that with respect to Section
222(a)(2)(A)(ii) of the Act, the investigation revealed that
there was no increase in imports by the workers’ firm or the firm’s
major customer(s), of customized designs, catalogs, brochures,
flyers, etc. Neither the workers’ firm nor the major declining
customer of the workers’ firm reported increases in imports, or
imports, during 2015 or 2016.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that there was not a shift or acquisition by
the workers’ firm of customized designs, catalogs, brochures,
flyers by the workers of the firm.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that the workers’ firm 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 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.
Therefore, after careful review of the request for
reconsideration, the Department determines that 29 CFR 90.18(c) has
not been met.


Conclusion
After careful review, 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 Graphics Art
Center, a subsidiary of Cenveo Corporation, including on-site
leased workers from Manpower, Portland, Oregon, to apply for
adjustment assistance, in accordance with Section 223 of the Act,
19 U.S.C. § 2273.
Signed in Washington, D.C. on this 18th day of November, 2017.
/s/ Hope D. Kinglock
_______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance





U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,612

GRAPHIC ARTS CENTER
A SUBSIDIARY OF CENVEO CORPORATION
PORTLAND, OREGON


Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated April 24, 2017, a worker requested
administrative reconsideration of the negative determination
regarding workers’ eligibility to apply for worker adjustment
assistance applicable to workers and former workers of Graphic Arts
Center, a subsidiary of Cenveo Corporation, Portland, Oregon. The
determination was issued on April 13, 2017. The Department’s
Notice of determination will soon be published in the Federal
Register. The workers’ firm is engaged in activities related to
the supply of printing services. The subject worker group does not
include on-site leased workers.
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The negative determination was based, in part, on the
Department’s findings that there was no increase in imports by the
workers’ firm or its customers of printing services and no shift or
acquisition by the workers’ firm to/from a foreign country in the
supply of printing services.
The request for reconsideration asserts a misinterpretation
of facts. Specifically, the request asserts that the
Department’s misunderstanding of the commercial printing market
in the local area resulted in an erroneous determination.
The Department has carefully reviewed the request for
reconsideration and the existing record, and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974, as amended.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 8th day of June, 2017

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




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,612

GRAPHIC ARTS CENTER
A SUBSIDIARY OF CENVEO CORPORATION
PORTLAND, OREGON

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 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 February 6, 2017 by the state workforce office on
behalf of workers of Graphic Arts Center, a subsidiary of
Cenveo Corporation, Portland, Oregon (subject firm). The
workers' firm is engaged in activities related to the supply of
printing services. Workers are not separately identifiable by
the service supplied. The subject worker group does not include
on-site leased workers.
During the course of the investigation, information was
collected from the workers' firm and its major declining
customer(s).
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that, during the relevant period, U.S.
imports of services like or directly competitive with the
printing services supplied by the subject firm have not
increased when compared to the representative base period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift the
supply of printing services, or a like or directly competitive
service, to a foreign country or acquire the supply of
printing services, 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 the workers' firm is not 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).
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 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 Graphic Arts Center,
a subsidiary of Cenveo Corporation, Portland, Oregon, to apply
for adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 13th day of April 2017.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance