UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,208

TOPS PRODUCTS, LLC

A SUBSIDIARY OF LSC COMMUNICATIONS

BERESFORD, SOUTH DAKOTA

Certification Regarding Eligibility

To Apply For Worker Adjustment Assistance and

Negative Determination Regarding Eligibility To Apply For

Alternative Trade Adjustment Assistance

TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 223 of the Trade Act of 1974, as
amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor
("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance ("TAA") for workers.

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, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;

(2)(B)(i) there has been a shift in production by such
workers' firm or subdivision to a foreign country of
articles like or directly competitive with articles
which are produced by such firm or subdivision; and

(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;

(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary
under the African Growth and Opportunity Act, or the
Caribbean Basin Economic Act; or

(III) there has been or is likely to be an
increase in imports of articles that are like or
directly competitive with articles which are or were
produced by such firm or subdivision

The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated February 25, 2022,
and filed on February 28, 2022, by a State Workforce Office, on
behalf of former workers of Tops Products, LLC, a subsidiary of
LSC Communications, Beresford, South Dakota (hereafter referred
to as the "worker group"). In accordance with 20 C.F.R. 618.110
a worker group is defined as, ""¦inclusive of teleworkers and
staffed workers."

The worker group is engaged in activities related to the
production of envelopes.

The petition alleges that worker separations, or threats
thereof, were due to the product lines and production machines
being moved to Mexico.

During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.

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 a shift in
production of envelopes to a foreign country that is party to a
free trade agreement with the United States has occurred.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for Alternative Trade Adjustment Assistance
("ATAA") for older workers.

The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:

(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).

Section 246 (a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years
of age or older.

Section 246 (a)(3)(A)(ii)(II) has not been met; the
investigation revealed that the workers in the workers' firm
possess skills that are easily transferable to other jobs within
the workers' region.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of Tops Products, LLC, a
subsidiary of LSC Communications, Beresford, South Dakota, who
are engaged in activities related to the production of envelopes
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 Tops Products, LLC, a subsidiary of LSC
Communications, Beresford, South Dakota, who became totally
or partially separated from employment on or after February
25, 2021, 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;
and I further determine that all workers of Tops Products,
LLC, a subsidiary of LSC Communications, Beresford, South
Dakota are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade
Act of 1974, as amended."

Signed in Washington, D. C. this 11th day of April, 2022.



/s/ Jessica R. Webster
_______________________
JESSICA R. WEBSTER

Certifying Officer, Office of

Trade Adjustment Assistance