Certified
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TAW-93126  /  Arvato Entertainment, LLC (Weaverville, NC)

Petitioner Type: Workers
Impact Date: 12/02/2016
Filed Date: 09/11/2017
Most Recent Update: 04/12/2018
Determination Date: 04/12/2018
Expiration Date: 04/12/2020

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,126

ARVATO ENTERTAINMENT, LLC
A WHOLLY-OWNED SUBSIDIARY OF BERTELSMANN, INC.
WEAVERVILLE, NORTH CAROLINA

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
for Trade Adjustment Assistance filed on September 11, 2017 on
behalf of workers of Arvato Entertainment, LLC, a wholly-owned
subsidiary of Bertelsmann, Inc., Weaverville, North Carolina
(Arvato Entertainment). The workers' firm is engaged in
activities related to the production of media (such as CDs,
DVDs, and Blue-Ray Discs) for digital content production and
delivery solutions for music, entertainment, video game, and
software industries. The subject worker group does not include
on-site leased workers.
Workers of the subject firm are eligible to apply for Trade
Adjustment Assistance under a certification which expired on
December 1, 2016 (TA-W-85,489).
During the course of the investigation, information was
collected from the petitioner(s) and the workers' firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in Arvato Entertainment 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 production of articles
like or directly competitive with those produced by the subject
workers which contributed importantly to worker group
separations at Arvato Entertainment.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Arvato Entertainment,
who are engaged in activities related to the production of media
for digital content production and delivery solutions for music,
entertainment, video game, and software industries, 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 Arvato Entertainment, LLC, a wholly-owned
subsidiary of Bertelsmann, Inc., Weaverville, North
Carolina, who became totally or partially separated from
employment on or after December 2, 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 12th day of April 2018.

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