Denied
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TAW-95693C  /  UiPath, Inc. (Houston, TX)

Petitioner Type: State
Impact Date:
Filed Date: 02/14/2020
Most Recent Update: 01/06/2021
Determination Date: 01/06/2021
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,693

UIPATH, INC.

DEAL HUB SALES SUPPORT

NEW YORK, NEW YORK

TA-W-95,693A

UIPATH, INC.

LICENSING, MAINTENANCE, AND PROFESSIONAL SERVICES

NEW YORK, NEW YORK

TA-W-95,693B

UIPATH, INC.

DEAL HUB SALES SUPPORT

HOUSTON, TEXAS

TA-W-95,693C

UIPATH, INC.

LICENSING, MAINTENANCE, AND PROFESSIONAL SERVICES

HOUSTON, TEXAS

TA-W-95,693D

UIPATH, INC.

LICENSING, MAINTENANCE, AND PROFESSIONAL SERVICES

BROOKLYN, NEW YORK

Determinations 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
three 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer." 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.

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 14, 2020, by a One Stop Operator/Partner on
behalf of workers of UiPath, Inc., Deal Hub Sales Support, New
York, New York (TA-W-95,693); UiPath, Inc., Licensing,
Maintenance, and Professional Services, New York, New York (TA-
W-95,693A); UiPath, Inc., Deal Hub Sales Support, Houston, Texas
(TA-W-95,693B); UiPath, Inc., Licensing, Maintenance, and
Professional Services, Houston, Texas (TA-W-95,693C); and
UiPath, Inc., Licensing, Maintenance, and Professional Services,
Brooklyn, New York (TA-W-95,693D). The workers' firm is engaged
in activities related to the supply of sales support, licensing,
maintenance, and professional services for robotic process
automation software and technology.

During the course of the investigation, information was
collected from the petitioner and workers' firm.

TA-W-95,693 and TA-W-95,693B

Section 222(a)(1) has been met because a significant number
or proportion of the workers within UiPath Inc., Deal Hub Sales
Support, have become totally or partially separated, or are
threatened to become totally or partially separated.

Section 222(a)(2)(B) has been met because UiPath, Inc. has
shifted to a foreign country the supply of a service like or
directly competitive with sales support services which contributed
importantly to the worker group separations at the locations in
New York, New York and Houston, Texas.

TA-W-95,693A; TA-W-95,693C; and TA-W-95,693D

With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that UiPath, Inc. has not experienced a
decline in the sales or supply of licensing, maintenance, and
professional services for robotic process automation software and
technology during the relevant period under investigation. In
fact, the firm's U.S. sales increased from 2018 to 2019.

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that UiPath, Inc. did not shift the supply
of licensing, maintenance, and professional services for robotic
process automation software and technology to a foreign country
or acquire these services from a foreign country. With
respect to Section 222(b)(2) of the Act, the investigation
revealed that UiPath, Inc. is not a Supplier or 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 UiPath, Inc. 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 workers of UiPath, Inc., Deal Hub
Sales Support, New York, New York (TA-W-95,693) and UiPath,
Inc., Deal Hub Sales Support, Houston, Texas (TA-W-95,693B), who
are engaged in activities related to the supply of sales 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 UiPath, Inc., Deal Hub Sales Support, New
York, New York (TA-W-95,693) and UiPath, Inc., Deal Hub
Sales Support, Houston, Texas (TA-W-95,693B), who became
totally or partially separated from employment on or after
February 14, 2019, 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."

Additionally, 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 UiPath, Inc.,
Licensing, Maintenance, and Professional Services, New York, New
York (TA-W-95,693A); UiPath, Inc., Licensing, Maintenance, and
Professional Services, Houston, Texas (TA-W-95,693C); and
UiPath, Inc., Licensing, Maintenance, and Professional Services,
Brooklyn, New York (TA-W-95,693D), engaged in activities related
to the supply of licensing, maintenance, and professional services
for robotic process automation software and technology, to apply
for adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 6th day of January, 2021.


/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance