DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,015

ACS COMMERCIAL SOLUTIONS, INC.
A SUBSIDIARY OF ACS, A XEROX COMPANY
HEALTHCARE PAYER AND INSURANCE UNIT
LIBERTY, KENTUCKY

Notice of Revised Determination
on Reconsideration

The initial investigation, initiated March 1, 2011, resulted
in a negative determination, issued on July 27, 2011, that was
based on the absence of a shift in production or an increase in
imports of an article. The determination was applicable to workers
and former workers of ACS Commercial Solutions, Inc., a subsidiary
of ACS, a Xerox Company, Healthcare Payer and Insurance Unit,
Liberty, Kentucky (ACS Commercial Solutions). The notice of
determination was published in the Federal Register on August 18,
2011 (76 FR 51433). The workers’ firm is engaged in activities
related to the supply of data entry services. The worker group
does not include leased or temporary workers.
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.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the worker
group meets the requirements for eligibility to apply for trade
adjustment assistance.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in ACS Commercial Solutions 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 data entry services supplied by the
subject workers which contributed importantly to separations at
ACS Commercial Solutions.
Conclusion
After careful review, I determine that workers of ACS
Commercial Solutions, Inc., Healthcare Payer and Insurance Unit,
Liberty, Kentucky, who supplied data entry 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 ACS Commercial Solutions, Inc., a subsidiary
of ACS, a Xerox Company, Healthcare Payer and Insurance
Unit, Liberty, Kentucky, who became totally or partially
separated from employment on or after February 22, 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 2nd day of December, 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-80,015

ACS COMMERCIAL SOLUTIONS, INC.
A SUBSIDIARY OF ACS, A XEROX COMPANY
HEALTHCARE PAYER AND INSURANCE UNIT
LIBERTY, KENTUCKY

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 (“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 by a state workforce representative on March 1, 2011, on
behalf of workers of ACS Commercial Solutions, Inc., a subsidiary
of ACS, a Xerox Company, Healthcare Payer and Insurance Unit,
Liberty, Kentucky. The workers’ firm is engaged in activities
related to the supply of data entry services for an insurance
provider.
The petitioner alleges that the worker separations at are
due to a shift in services to Mexico and India. During the course
of the investigation, information was collected from the workers’
firm.
With respect to Section 222(a)(2)(A)(iii) of the Act, the
investigation revealed that the worker separations are not
attributable to increased imports of articles.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the worker separations are not
attributable to a shift in production of articles by the workers’
firm to a foreign country. Rather, the investigation confirmed
that the worker separations are attributable to a shift of services
by the workers’ firm to a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that ACS Commercial Solutions, Inc., a
subsidiary of ACS, a Xerox Company, Healthcare Payer and
Insurance Unit, Liberty, Kentucky, 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).
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. 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 workers of ACS Commercial
Solutions, Inc., a subsidiary of ACS Commercial Solutions, Inc.,
a subsidiary of ACS, a Xerox Company, Healthcare Payer and
Insurance Unit, Liberty, Kentucky, 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 27th day of July, 2011


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance




















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