UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-98,239
DISTRICT PHOTO
BELTSVILLE, MARYLAND
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative 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
("the Department") 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) and
(b) of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). 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 theAct, 19 U.S.C. § 2272(a)(1)) requires that a significantnumber or proportion of the workers in such workers' firm,
or an appropriate subdivision of the firm, have becometotally or partially separated, or are threatened to becometotally or partially separated

(2)The second criterion (set forth in Section 222(a)(2) of theAct, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of twoways:

(A)Increased Imports Path:

(i)sales or production, or both, at the workers' firmmust have decreased absolutely, AND

(ii)imports of articles like or directly competitive witharticles produced by such firm or subdivision haveincreased; and

(iii)the increase described in clause (ii) contributed
importantly to such workers' separation or threat ofseparation and to the decline in the sales orproduction of such firm or subdivision.

(B)Shift in Production Path:

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

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

(II)the country to which the workers' firm hasshifted production of the articles is a beneficiarycountry under the Andean Trade Preference Act, AfricanGrowth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or

(III)there has been or is likely to be an increasein imports of articles that are like or directlycompetitive with articles which are or were produced
by such firm or subdivision.

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 inthe workers' firm or an appropriate subdivision of thefirm have become totally or partially separated, orare threatened to become totally or partiallyseparated;

(2)the workers' firm is a Supplier or Downstream Producerto a firm that employed a group of workers whoreceived a certification of eligibility under Section222(a) of the Act, 19 U.S.C. § 2272(a), and suchsupply or production is related to the article thatwas the basis for such certification; and

(3)either

(A)the workers' firm is a supplier and the componentparts it supplied to the firm described in paragraph(2) accounted for at least 20 percent of theproduction or sales of the workers' firm; or

(B)a loss of business by the workers' firm with the firmdescribed in paragraph (2) contributed importantly tothe 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."

The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment (ATAA) petition dated March 25, 2022 and filed on
March 28, 2022 by a State Workforce Agency, on behalf of former
and workers of District Photos, Beltsville, Maryland (hereafter
referred to as the "group of workers"). In accordance with 20
C.F.R. 618.110 a group of workers is defined as, ""¦includingteleworkers and staffed workers." The group of workers is engaged
in activities related to the production of calendars and books
and are separately identifiable by articles produced.

The petition alleges that worker separations occurred
because "employees' jobs have been replaced by machines from
Switzerland and Asia."

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

With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of articles like or
directly competitive with the calendars and books produced by
the workers' firm have not increased during the relevant
period. Neither the workers' firm nor its major declining
customer(s) increased imports of calendars and books, or like or
directly competitive articles, during the relevant period.

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift
production of calendars and books, or like or directly
competitive articles, to a foreign country.

With respect to Section 222(b)(2) of the Act, the
investigation revealed that the workers' firm 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), and does not act as a Downstream Producer
to a firm (or subdivision, whichever is applicable) 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), based on an increase in imports from, or a shift in
production to, Canada or Mexico.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In order for the Department to issue a certification of
eligibility to apply for ATAA, the group of workers must be

certified eligible to apply for TAA. Because the group of
workers are denied eligibility to apply for TAA, the group of
workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of District Photo,
Beltsville, Maryland, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, as amended, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974, amended.
Signed in Washington, D.C. this 5th day of May, 2022


/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN

Certifying Officer, Office of

Trade Adjustment Assistance