DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,001

MERCER (US) INC.
A SUBSIDIARY OF MERCER LLC
A SUBSIDIARY OF MERCER, INC.
A SUBSIDIARY OF MARSH AND MCLENNAN COMPANIES, INC.
NATIONAL ACCOUNTING CENTER DEPARTMENT
CHICAGO, ILLINOIS

Notice of Revised Determination
on Reconsideration

The initial investigation, initiated on February 18, 2011,
resulted in a negative determination based on the finding that
workers at the subject firm did not produce an article within the
meaning of the Trade Act of 1974, as amended (the Act). The
negative determination, issued on June 3, 2011, was applicable to
workers and former workers of Mercer (US) Inc., a subsidiary of
Mercer LLC, a subsidiary of Mercer, Inc., a subsidiary of Marsh
and McLennan Companies, Inc., National Accounting Center
Department (NAC), Chicago, Illinois. The notice of negative
determination was published in the Federal Register on June 17,
2011 (76 FR 35476).
On July 22, 2011, a petitioner filed an application for
administrative reconsideration of the negative determination
regarding workers’ eligibility. Because the petitioner did not
supply facts not previously considered or provide additional
information indicating that there was either a mistake in the
determination or that there had been a misinterpretation of facts
or the law, the Department determined that reconsideration of the
negative determination was not justified and issued a Notice of
Negative Determination Regarding Application for Reconsideration on
September 28, 2011. The determination regarding application was
published in the Federal Register on October 5, 2011 (76 FR 61748).
The workers’ firm is engaged in financial services such as
ledger, accounts payable, disbursement, cash receipt, and vendor
maintenance. The worker group includes workers that perform
commission and cash receipt processing.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
The Department collected information during the initial
investigation that revealed that the subject firm shifted to
India services like or directly competitive with those provided
by the worker group. Accordingly, the Department determines that
workers of the subject firm meet the eligibility criteria to
apply for TAA.
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 the workers’ firm
has shifted to a foreign country the supply of services like or
directly competitive with the commission and cash receipt
processing services supplied by the workers which contributed
importantly to worker group separations at NAC.
Conclusion
After further review, I determine that workers of Mercer (US)
Inc., a subsidiary of Mercer LLC, a subsidiary of Mercer, Inc., a
subsidiary of Marsh and McLennan Companies, Inc., National
Accounting Center Department, Chicago, Illinois, who were engaged
in employment related to provision of 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 Mercer (US) Inc., a subsidiary of Mercer LLC,
a subsidiary of Mercer, Inc., a subsidiary of Marsh and
McLennan Companies, Inc., National Accounting Center
Department, Chicago, Illinois who became totally or partially
separated from employment on or after February 15, 2010,
through two years from the date of this certification, and all
workers in the group threatened with total or partial
separation from employment on December 20, 2011 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, D.C., this 18th day of November, 2011

/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,001

MERCER (US) INC.
A SUBSIDIARY OF MERCER LLC
A SUBSIDIARY OF MERCER, INC.
A SUBSIDIARY OF MARSH & MCLENNAN COMPANIES, INC.
NATIONAL ACCOUNTING CENTER DEPARTMENT
CHICAGO, ILLINOIS

Negative Determination 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 (“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) 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 the
Act, 19 U.S.C. § 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. § 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 Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery 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.

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 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 investigation was initiated in response to a petition
filed on February 18, 2011 on behalf of workers of Mercer (US)
Inc., a subsidiary of Mercer LLC, a subsidiary of Mercer, Inc., a
subsidiary of Marsh & McLennan Companies, Inc., National
Accounting Center Department (NAC), Chicago, Illinois. The
workers’ firm was engaged in activities related to the supply of
commission and cash receipt processing.
The petitioners allege that their separations were directly
attributable to a shift in services to India. During the course of
the investigation, information was collected from the workers’
firm and the petitioners.
The investigation revealed that NAC 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.
During the investigation, the Department of Labor obtained
information that revealed that the workers’ firm did not produce an
article; rather, the workers’ firm supplied services related to
commission and cash receipt processing in support of a human
resource and financial consulting firm.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance (TAA). Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Mercer (US) Inc., a
subsidiary of Mercer LLC, a subsidiary of Mercer, Inc., a
subsidiary of Marsh & McLennan Companies, Inc., National
Accounting Center Department (NAC), Chicago, Illinois, engaged in
activities related to the supply of commission and cash receipt
processing are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are also
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 3rd day of June, 2011.

/s/ Hope D. Kinglock______
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance










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