DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,025

SAMUELS JEWELERS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM AJILON FINANCE
AUSTIN, TEXAS

Notice of Revised Determination
on Reconsideration

The initial investigation, initiated March 3, 2011, resulted in
a negative determination, issued on July 20, 2011, that was based on
the finding that the subject firm does not produce an article. The
determination was applicable to workers and former workers of Samuels
Jewelers, Inc., Austin, Texas. The workers’ firm is engaged in
activities related to the supply of administrative services. The
worker group includes on-site leased workers from Ajilon Finance.
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
separations at the subject firm are related to the acquisition of
services from a foreign country.
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 with such separation.
Section 222(a)(2)(B) has been met because the workers’ firm has
acquired from a foreign country services like or directly competitive
with those supplied by the workers which contributed importantly to
worker group separations at Samuels Jewelers, Inc., Austin, Texas.
Conclusion
After careful review, I determine that workers and former workers
of Samuels Jewelers, Inc., Austin, Texas, who were engaged in
employment related to the supply of administrative 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 Samuels Jewelers, Inc., including on-site
leased workers from Ajilon Finance, Austin, Texas, who became
totally or partially separated from employment on or after March
2, 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 22nd day of November, 2011


/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance


Corrected Company 7/28/11
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,025

SAMUELS JEWELERS, INC.
AUSTIN, TEXAS

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 March 3, 2011 on behalf of workers of Samuels Jewelers, Inc.,
Austin, Texas. The workers’ firm supplies retail services for
jewelry.
The petition alleges that workers’ jobs were shifted to a
foreign country. During the course of the investigation,
information was collected from the workers’ firm.
The investigation revealed that Samuels Jewelers, Inc., Austin,
Texas, does not produce an article within the meaning of Section
222(a) or Section 222(b) of the Act. Rather, the workers’ firm
supplies retail services for jewelry. 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 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 Samuels Jewelers,
Inc., Austin, Texas, engaged in activities related to the supply of
retail services for jewelry, 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 20th day of July, 2011


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








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