[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Notices]
[Pages 61386-61387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24192]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-82,287; TA-W-82,287A]


Hewlett Packard Company, AMS Call Center-Conway, CSS-Americas 
Support (AMSS) Division, Personal Systems Business Unit, Conway, 
Arkansas; Hewlett Packard Company, TS AMS GD FS Central on Site, 
Enterprise Services Organization Business Unit, Bentonville, Arkansas; 
Notice of Revised Determination on Reconsideration

    In accordance with Section 223 of the Trade Act of 1974, as amended 
(``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 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 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. Sec.  2282(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. Sec.  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.
    (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. Sec.  
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 (ITC) 
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));

[[Page 61387]]

    (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)(1), the 1-year 
period preceding the 1-year period described in paragraph (2).

    The investigation was initiated in response to a petition filed on 
December 21, 2012 by a state workforce official on behalf of workers of 
Hewlett Packard Company, AMS Call Center-Conway, CSS-Americas Support 
(AMSS) Division, Personal Systems Business Unit, Conway, Arkansas (TA-
W-82,287) and Hewlett Packard Company, TS AMS GD FS Central On Site, 
Enterprise Services Organization Business Unit, Bentonville, Arkansas 
(TA-W-82,287A) (hereafter referred to as ``the Conway Facility'' and 
``the Bentonville Facility,'' respectively).
    Workers at the Conway Facility are engaged in activities related to 
the supply of customer call center services. Workers at the Bentonville 
Facility are engaged in activities related to the supply of internal, 
on-site technical support services. The subject worker groups are 
separately identifiable from each other.
    On January 25, 2013, the Department issued a Notice of Termination 
of Investigation applicable to workers and former workers of the Conway 
Facility. On July 9, 2013, the Department issued a Notice of 
Investigation.

TA-W-82,287 (Conway Facility)

    Section 222(a)(1) has been met because a significant number or 
proportion of the workers at the Conway Facility has become totally or 
partially separated, or are threatened to become totally or partially 
separated.
    Section 222(a)(2)(B) has been met with regards to workers at the 
Conway Facility because the workers' firm has shifted to a foreign 
country the supply of services like or directly competitive with those 
supplied by the subject worker group, which contributed importantly to 
worker group separations at Hewlett Packard Company, AMS Call Center-
Conway, AMSS Division, Personal Systems Business Unit, Conway, 
Arkansas.

TA-W-82,287A (Bentonville Facility)

    Section 222(a)(2)(A) has not been met with regards to workers at 
the Bentonville Facility because the workers' firm has not increased 
its imports of services like or directly competitive with the on-site 
technical support services supplied by the subject worker group.
    Section 222(a)(2)(B) has not been met with regards to workers at 
the Bentonville Facility because the workers' firm has not shifted to a 
foreign country the supply of services like or directly competitive 
with the on-site technical support supplied by the subject workers.
    With respect to Section 222(b)(2) of the Act, the investigation 
revealed that the Bentonville Facility is not 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).
    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 ITC 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, with regards to TA-W-82,287A, 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 Hewlett Packard 
Company, TS AMS GD FS Central On Site, Enterprise Services Organization 
Business Unit, Bentonville, Arkansas, to apply for adjustment 
assistance, in accordance with Section 223 of the Act, 19 U.S.C. 2273.
    After careful review of the facts obtained in the investigation, I 
determine that, with regards to TA-W-82,287, workers of Hewlett Packard 
Company, AMS Call Center-Conway, CSS-Americas Support (AMSS) Division, 
Personal Systems Business Unit, Conway, Arkansas, who are engaged in 
activities related to the supply of customer support call center 
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 Hewlett Packard Company, AMS Call Center-Conway, 
CSS-Americas Support (AMSS) Division, Personal Systems Business 
Unit, Conway, Arkansas, who became totally or partially separated 
from employment on or after December 20, 2011, 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.;

    Signed in Washington, DC, this 4th day of September, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-24192 Filed 10-2-13; 8:45 am]
BILLING CODE 4510-FN-P