DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,444

NESTLE USA INC.
CUSTOMER SERVICE CENTER
FT. WORTH, TEXAS

Notice of Revised Determination
on Reconsideration

On April 16, 2019, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Nestle USA Inc., Customer
Service Center, Ft. Worth, Texas. The Department’s Notice of
determination has yet to be published in the Federal Register.
To support the request for reconsideration, additional
information was supplied by interested parties illustrating that
Nestle USA Inc. had shifted the services supplied by the workers
of Nestle USA Inc., Customer Service Center, Ft. Worth, Texas to
a facility located in India.
Based on supplemental information, information supplied during
the initial investigation, and information provided during the
during the reconsideration investigation, the Department of Labor
determines that workers of the Nestle USA Inc., Customer Service
Center, Ft. Worth, Texas were impacted by a shift in services to
a foreign country.
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 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 Nestle USA
Inc., Customer Service Center, Ft. Worth, Texas.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Nestle USA Inc.,
Customer Service Center, Ft. Worth, Texas, who were engaged in
activities related to the supply of customer 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 Nestle USA Inc., Customer Service Center, Ft.
Worth, Texas who became totally or partially separated from
employment on or after January 4, 2018, through two years from
the date of this certification, and all workers in the group
threatened with total or partial separation from employment on
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 April, 2019


/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-94,444

NESTLE USA INC.
CUSTOMER SERVICE CENTER
FT. WORTH, TEXAS

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application received February 12, 2019, workers
representing Nestle USA Inc., Customer Service Center, Ft. Work,
Texas requested administrative reconsideration of the Department of
Labor's negative determination regarding eligibility to apply for
worker adjustment assistance, applicable to workers and former
workers of Nestle USA Inc., Customer Service Center, Ft. Worth,
Texas. Workers of Nestle USA Inc., Customer Service Center, Ft.
Worth, Texas are engaged in activities related to the supply of
customer services such as; payment applications, data management
claims, deductions, and credit and collections. The Department’s
Notice of determination was published in the Federal Register on
March 21, 2019.
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 on the Department’s
findings of no shift of services (or like or directly competitive
services) to a foreign country; no acquisition of services of
customer services (or like or directly competitive services) from
a foreign country; no increased imports of customer services (or
like or directly competitive services); not qualifying as a
Supplier or a Downstream Producer; and that the worker group did
not meet the criteria set forth in Section 222(e) of the Act, 19
U.S.C. § 2272(e) (International Trade Commission).
The request for reconsideration states that the negative
determination was based on the Department’s misinterpretation of
the facts and of the law. Specifically, the request for
reconsideration asserts, in part, that the subject firm had shifted
services overseas.
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 16th day of April, 2019

_______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,444

NESTLE USA INC.
CUSTOMER SERVICE CENTER
FT. WORTH, TEXAS

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 January 7, 2019 on behalf of workers and former workers
of Nestle USA Inc., Customer Service Center, Ft. Worth, Texas
(Nestle USA-Customer Service). Workers of Nestle USA-Customer
Service are engaged in activities related to the supply of
customer service, such as payment applications, data
management claims, deductions, credit, and collections. The
subject worker group does not include on-site leased workers.
The petition alleges "Accounts receivable, order and
deduction processing has been outsourced to Manila and India."
During the course of the investigation, information was
collected from the petitioner and the workers' firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that that Criterion (2)(A)(ii) has not
been met because imports of services like or directly
competitive with customer service supplied by Nestle USA-
Customer Service have not increased during the relevant period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Nestle USA Inc. did not shift the
supply of customer service to a foreign country or acquire the
supply of customer service from a foreign country. Rather,
the supply of customer service shifted to an affiliated
facility within the United States.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Nestle USA-Customer Service is not
a Supplier or 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 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 Nestle USA Inc.,
Customer Service Center, Ft. Worth, Texas, to apply for
adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 17th day of January 2019.

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