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TAW-95149  /  AIG PC Global Services, Inc. (Na, NY)

Petitioner Type: State
Impact Date: 09/05/2018
Filed Date: 09/06/2019
Most Recent Update: 05/06/2020
Determination Date: 05/06/2020
Expiration Date: 05/06/2022

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,149

AIG PC GLOBAL SERVICES, INC.
GENERAL INSURANCE IT – PRODUCTION SERVICES, NEW YORK
A SUBSIDIARY OF AMERICAN INTERNATIONAL GROUP, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
OPEN SYSTEMS TECHNOLOGIES AND PRINCETON INFORMATION
NEW YORK, NEW YORK


Notice of Revised Determination
on Reconsideration

On April 3, 2020, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
applicable to the workers and former workers of AIG PC Global
Services, Inc., General Insurance IT – Production Services, New
York, a subsidiary of American International Group, Inc.,
including on-site leased workers from Open Systems Technologies
and Princeton Information, New York, New York (AIG PC Global,
General Insurance IT – Production Services, New York). Workers
of AIG PC Global, General Insurance IT – Production Services, New
York are engaged in activities related to the supply of maintenance
services for general insurance information technology (IT)
systems.
The request for reconsideration asserts that the workers of
AIG PC Global, General Insurance IT – Production Services, New
York should be eligible to apply for Trade Adjustment Assistance
(TAA) because the subject workers were impacted by an acquisition
of services from India.
Based on a careful review of the petition, previously
submitted information, the request for reconsideration, and
additional information obtained during the reconsideration
investigation, the Department determines that the subject worker
group has met the criteria under Section 222(b) of the Trade Act,
as amended.
Section 222(b)(1) has been met because a significant number
or proportion of the workers in AIG PC Global, General Insurance
IT – Production Services, New York have become totally or
partially separated, or are threatened to become totally or
partially separated.
Section 222(b)(2) has been met because AIG PC Global,
General Insurance IT – Production Services, New York is 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), and such supply is related to the service that
was the basis for such certification.
Section 222(b)(3)(B) has been met because the loss of
business by AIG PC Global, General Insurance IT – Production
Services, New York with the afore-referenced firm contributed
importantly to worker separations at AIG PC Global, General
Insurance IT–Production Services, New York.


Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of AIG PC Global,
General Insurance IT – Production Services, New York meet the
worker group certification criteria under Section 222(b) 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 AIG PC Global Services, Inc., General
Insurance IT – Production Services, New York, a subsidiary
of American International Group, Inc., including on-site
leased workers from Open Systems Technologies and Princeton
Information, New York, New York who became totally or
partially separated from employment on or after September 5,
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 6th day of May, 2020


/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-95,149

AIG PC GLOBAL SERVICES, INC.
GENERAL INSURANCE IT – PRODUCTION SERVICES, NEW YORK
A SUBSIDIARY OF AMERICAN INTERNATIONAL GROUP, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
OPEN SYSTEMS TECHNOLOGIES AND PRINCETON INFORMATION
NEW YORK, NEW YORK


Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated March 25, 2020, a former worker requested
administrative reconsideration of the negative determination
regarding eligibility to apply for worker adjustment assistance
applicable to workers and former workers of AIG PC Global
Services, Inc., General Insurance IT – Production Services, New
York, a subsidiary of American International Group, Inc.,
including on-site leased workers from Open Systems Technologies
and Princeton Information, New York, New York (AIG PC Global,
General Insurance IT – Production Services, New York).
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 request for reconsideration asserts that the workers of
AIG PC Global, General Insurance IT – Production Services, New
York should be eligible to apply for Trade Adjustment Assistance
because the workers were impacted by an acquisition of services
from India.
The Department of Labor 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 in Washington, D.C. this 3rd day of April, 2020

/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-95,149

AIG PC GLOBAL SERVICES, INC.
GENERAL INSURANCE IT - PRODUCTION SERVICES, NEW YORK
A SUBSIDIARY OF AMERICAN INTERNATIONAL GROUP, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
OPEN SYSTEMS TECHNOLOGIES AND PRINCETON INFORMATION
NEW YORK, NEW YORK

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 September 6, 2019 by a state workforce office on
behalf of workers of AIG PC Global Services, Inc., General
Insurance IT - Production Services, New York, a subsidiary of
American International Group, Inc., New York, New York ("AIG
PC Global Services, Inc."). The workers' firm is engaged in
activities related to the supply of maintenance and upkeep of
all general insurance technology systems. The subject worker
group includes on-site leased workers from Open Systems
Technologies and Princeton Information.
The petitioner alleged, "The work performed in the IT
Department, specifically the Quality Assurance work, was sent to
India."
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that the firm did not increase imports
of services like or directly competitive with the services
supplied by AIG PC Global Services, Inc. Imports of like or
directly competitive services were not reported in 2017, 2018,
or during the period of January through August 2019.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
maintenance and upkeep of all general insurance technology
systems or like or directly competitive services to a foreign
country or acquire maintenance and upkeep of all general
insurance technology systems or like or directly competitive
services from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that AIG PC Global Services, Inc. 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that AIG PC Global Services, Inc. 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 either 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 AIG PC Global
Services, Inc., General Insurance IT - Production Services,
New York, a subsidiary of American International Group, Inc.,
including on-site leased workers from Open Systems
Technologies and Princeton Information, New York, New York
engaged in activities related to the supply of maintenance and
upkeep of all general insurance technology systems to apply for
adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 16th day of March 2020.

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance