[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Notices]
[Pages 33955-33956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13876]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-85,019]


Salience Insight, Inc. F/K/A KD Paine & Partners, Inc. A 
Subsidiary of News Group International Berlin, New Hampshire; Notice of 
Negative Determination on Reconsideration

    On April 11, 2014, the Department of Labor issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of Salience Insight, Inc., formerly known as KD 
Paine & Partners, Inc., a subsidiary of News Group International, 
Berlin, New Hampshire (subject firm). The Department's Notice of 
determination was published in the Federal Register on May 7, 2014 (79 
FR 26268).
    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 Trade Act of 1974, as amended (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 the 
Act, 19 U.S.C. Sec.  2272(a)(1)) requires that 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) 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) imports of articles like or directly competitive with 
articles produced by such firm or subdivision have increased; and
    (iii) the increase 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 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 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 country under the 
African Growth and Opportunity Act, or the Caribbean Basin Economic 
Recovery Act; or

[[Page 33956]]

    (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.

    For the Department to issue a 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 
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.''
    The initial investigation resulted in a negative determination 
based on the findings that the subject firm supplies services related 
to media measurement and analysis and, therefore, does not produce an 
article within the meaning of Section 222(a) or Section 222(b) of the 
Act. In order to be considered eligible to apply for adjustment 
assistance under Section 223 of the Trade Act of 1974, the worker group 
seeking certification (or on whose behalf certification is being 
sought) must work for a ``firm'' or appropriate subdivision that 
produces an article. The definition of a firm includes an individual 
proprietorship, partnership, joint venture, association, corporation 
(including a development corporation), business trust, cooperative, 
trustee in bankruptcy, and receiver under decree of any court.
    In the request for reconsideration, a former worker alleged that 
workers at the subject firm produce software and indicated that the 
worker group at the subject firm is similar to the worker group at 
Computer Sciences Corporation, Financial Services Group, East Hartford, 
Connecticut (TA-W-53,209; U.S. Court of International Trade case No. 
04-00149), which is eligible to apply for Trade Adjustment Assistance 
(TAA).
    In TA-W-53,209, the Department determined that articles can be 
either tangible or intangible, that the workers produced an article 
(software), that production shifted to a foreign country, and that 
imports of like or directly competitive articles increased following 
the shift in production. The Department also determined that ``the 
provision of a service may result in the incidental creation of an 
article. For example, accountants provide services for the purposes of 
the Act even though, in the course of providing those services, they 
may generate audit reports or similar financial documents that might be 
articles on the Harmonized Tariff Schedule of the United States.'' See 
TA-W-53,209 Computer Sciences Corporation, Financial Group, East 
Hartford, Connecticut, Notice of Revised Determination on Remand.
    During the reconsideration investigation, the Department contacted 
the former worker to discuss the allegations, confirmed previously 
collected information, collected new information from the subject firm, 
and obtained additional information to specifically address the 
allegations made by the former worker.
    Information obtained during the reconsideration investigation 
confirmed that the workers of the subject firm provide services related 
to media measurement and analysis and that workers at the subject firm 
do not produce an article, including software. The workers use existing 
software for analysis and creation of reports and documents that are 
created incidentally to the provision of media measurement and analysis 
services. Consequently, the workers do not produce an article, within 
the meaning of the Trade Act.
    Therefore, after careful review of the request for reconsideration, 
the Department determines that the criteria of subsection (a) and (b) 
of Section 222 of the Act, 19 U.S.C. 2272(a) and (b) have not been met.

Conclusion

    After careful review, 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 Salience Insight, Inc., formerly 
known as KD Paine & Partners, Inc., a subsidiary of News Group 
International, Berlin, New Hampshire, to apply for adjustment 
assistance, in accordance with Section 223 of the Act, 19 U.S.C. 2273.

    Signed in Washington, DC, on this 4th day of June, 2014.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-13876 Filed 6-12-14; 8:45 am]
BILLING CODE 4510-FN-P