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75 FR 156 pgs. 49529-49533 - Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

Type: NOTICEVolume: 75Number: 156Pages: 49529 - 49533
FR document: [FR Doc. 2010-20039 Filed 8-12-10; 8:45 am]
Agency: Labor Department
Sub Agency: Employment and Training Administration
Official PDF Version:  PDF Version

DEPARTMENT OF LABOR

Employment and Training Administration

Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers by (TA-W) number issued during the period of July 26, 2010 through July 30, 2010.

In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met.

I. Under Section 222(a)(2)(A), the following must be satisfied:

(1) 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;

(2) The sales or production, or both, of such firm have decreased absolutely; and

(3) One of the following must be satisfied:

(A) Imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased;

(B) Imports of articles like or directly competitive with articles into which one or more component parts produced by such firm are directly incorporated, have increased;

(C) Imports of articles directly incorporating one or more component parts produced outside the United States that are like or directly competitive with imports of articles incorporating one or more component parts produced by such firm have increased;

(D) Imports of articles like or directly competitive with articles which are produced directly using services supplied by such firm, have increased; and

(4) The increase in imports contributed importantly to such workers' separation or threat of separation and to the decline in the sales or production of such firm; or

II. Section 222(a)(2)(B) all of the following must be satisfied:

(1) 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;

(2) One of the following must be satisfied:

(A) 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;

(B) 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

(3) The shift/acquisition contributed importantly to the workers' separation or threat of separation.

In order for an affirmative determination to be made for adversely affected workers in public agencies and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met.

(1) A significant number or proportion of the workers in the public agency have become totally or partially separated, or are threatened to become totally or partially separated;

(2) The public agency has acquired from a foreign country services like or directly competitive with services which are supplied by such agency; and

(3) The acquisition of services contributed importantly to such workers' separation or threat of separation.

In order for an affirmative determination to be made for adversely affected secondary workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(c) of the Act must be met.

(1) A significant number or proportion of the workers in the workers' 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, 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.

In order for an affirmative determination to be made for adversely affected workers in firms identified by the International Trade Commission and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(f) of the Act must be 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));

(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).

Affirmative Determinations for Worker Adjustment Assistance

The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination.

The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) of the Trade Act have been met.

TA-W No. Subject firm Location Impact date
72,362 P.M. Kelly, Inc., Realty Road Ashland, ME September 18, 2008.
72,653 Da-Tech Corporation, Leased Workers from Judge Technical Services, Synerfac Technical, etc Ivyland, PA September 24, 2008.
72,905 Precision Mold & Engineering, Inc. Warren, MI November 19, 2008.
72,996 Sunrise Tool and Die, Inc. Henderson, KY November 20, 2008.
73,040 Thyssenkrupp Presta Steering Group Ladson, SC December 1, 2008.
73,469 Charles D. Owen Mfg. Co. Inc., Springs Global U.S., Inc. Swannanoa, NC February 2, 2009.
73,557 Narriot Industries, LLC Boykins, VA February 22, 2009.
73,769 Flexsteel Industries, Inc., Leased Workers from Sedona Staffing Dubuque, IA February 12, 2010.
73,771 Technicolor Video Cassette of Michigan, Thomson, Home Entertainment Services, Leased Workers Select Staffing, etc Detroit, MI March 1, 2009.
73,964 Prestolite Wire Corporation, Leased Workers from Express Services and Staffmark Paragould, AR April 14, 2009.
74,081 General Motors Vehicle Manufacturing, General Motors Corp., Leased Workers Aerotek and Kelly Services Shreveport, LA August 28, 2010.

The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production or services) of the Trade Act have been met.

TA-W No. Subject firm Location Impact date
72,377 Match.Com, Workers Whose Wages are Reported Under PRC Jacksonville, NC September 21, 2008.
72,408 Capmark Capital, Inc., Capmark Financial Group, Debtor in Possession, Leased Workers Spherion and ACS Granville, OH September 24, 2008.
72,716 Freeport-McMoran Safford, Inc., Including All Reclamation Group Employees Safford, AZ October 21, 2008.
72,829 Circuit Services Worldwide, Subsidiary of Pan-Co International Company, Ltd Bellevue, WA November 9, 2008.
73,248 Ellcon National, Machine Shop In Plant One, Faverly Transport, Leased On-Site Workers Aerotek Greenville, SC January 10, 2009.
73,271 Dakota Imaging El Paso, TX January 12, 2009.
73,376 Wacker Neuson Corporation, Wacher Neuson SE Menomonee Falls, WI January 27, 2009.
73,379 Bombardier Transportation, Bombardier Mass Transit, Leased Workers form Eastern Technical Services Plattsburgh, NY January 26, 2009.
73,491 Farley's & Sathers Candy Company, Inc., Leased Workers from Select Staffing Chattanooga, TN February 4, 2009.
73,493 MEMC Electronic Materials, Inc., Southwest, Leased Workers from Kelly Services Sherman, TX February 5, 2009.
73,652 Robert Bosch, LLC, Leased Workers from Aerotek, Cucor U.S., etc Plymouth, MI February 10, 2009.
73,652A Robert Bosch, LLC, Leased Workers from Aerotek, Cucor U.S., etc Farmington Hills, MI February 10, 2009.
73,679 Liz Claiborne, Inc., Finance Division North Bergen, NJ February 18, 2009.
73,768 Local Insight Media, Inc., Corporate Services Division Englewood, CO March 22, 2009.
73,824 Honeywell International, Inc., Automation and Control Solutions Division Rock Island, IL March 29, 2009.
73,870 Amphenol TCS Milpitas, CA April 6, 2009.
73,872 Goodrich Corporation, Landing Gear Division Cleveland, OH March 18, 2009.
73,914 Damco USA, Inc., Finance Division Madison, NJ April 13, 2009.
74,033 SuperMedia, Inc., Formerly Idearc Media LLC, Publishing Operations Group St. Petersburg, FL May 2, 2009.
74,051 Bowne Technology Enterprise, LLC, Bowne and Company, Inc., Help Desk Division Piscataway, NJ May 5, 2009.
74,105 Liz Claiborne, Inc., Corporate Manufacturing Department North Bergen, NJ May 12, 2009.
74,144 Hoffmann-LaRoche, Inc., Pharmaceutical Manufacturing, Technical Operations and Quality Management Nutley, NJ May 11, 2009.
74,178 Microsemi Corp. Massachusetts, Testing Services Lawrence, MA May 19, 2009.
74,266 Prudential Insurance Company of America, Prudential Retirement Moosic, PA June 17, 2009.
74,266A Prudential Insurance Company of America, Prudential Retirement Dubuque, IA June 17, 2009.
74,283 Highland Lakes Software, Inc. Austin, TX June 15, 2009.
74,287 National Sales Company, Stanley Black and Decker, Leased Workers of Lumea Staffing Sterling, IL June 21, 2009.
74,288 National Manufacturing Company, Stanley Black & Decker, Stanley National Hardware, Leased Workers Lumea Staff Rock Falls, IL June 21, 2009.
74,298 The Travelers Indemnity Company, Travelers Companies, Workers' Compensation Statistical Reporting Hartford, CT June 22, 2009.
74,306 HAVI Logistics, North America, Havi Group, LP Livonia, MI June 25, 2009.
74,313 Becton, Dickinson, and Company, BD Medical; Sharps Disposal Systems, Leased Workers The Eastridge Group, etc Oceanside, CA June 8, 2009.
74,322 PerTronix, Inc. Rancho Dominguez, CA June 25, 2009.
74,332 Andrew Wireless Solution, CommScope, Leased Workers Manpower and Griffith Security Newton, NC June 29, 2009.
74,420 Frank Russell Company, Administrative Service Center Tacoma, WA July 21, 2009.

The following certifications have been issued. The requirements of Section 222(c) (supplier to a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met.

TA-W No. Subject firm Location Impact date
72,850 Kasto, Inc., Keuro Besitz GMBH & Co, Leased Workers of Industrial Employees, etc Export, PA November 13, 2008.
73,348 Hayes Enterprises, Inc. Potomac, MT January 18, 2009.
73,910 Cranberry Lumber Company Beckley, WV April 14, 2009.
74,026 Form Tech Fraser Fraser, MI April 8, 2009.

The following certifications have been issued. The requirements of Section 222(c) (downstream producer for a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met.

TA-W No. Subject firm Location Impact date
72,222 YRC, Inc., YRC Worldwide, Inc. Richfield, OH September 3, 2008.

Negative Determinations for Worker Adjustment Assistance

In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified.

The investigation revealed that the criterion under paragraph (a)(1), or (b)(1), or (c)(1) (employment decline or threat of separation) of section 222 has not been met.

TA-W No. Subject firm Location Impact date
72,901 Sequel Software, Inc. Durango, CO
73,939 C3I, Inc., Leased Workers from Manpower and Express Wilkes-Barre, PA

The investigation revealed that the criteria under paragraphs (a)(2)(A)(i) (decline in sales or production, or both) and (a)(2)(B) (shift in production or services to a foreign country) of section 222 have not been met.

TA-W No. Subject firm Location Impact date
74,270 Lockheed Martin Systems Integration Owego, NY
74,270A Lockheed Martin Systems Integration Endicott, NY
74,270B Lockheed Martin Systems Integration Endicott, NY
74,270C Lockheed Martin Systems Integration Apalachin, NY
74,270D Lockheed Martin Systems Integration Owego, NY

The investigation revealed that the criteria under paragraphs(a)(2)(A) (increased imports) and (a)(2)(B) (shift in production or services to a foreign country) of section 222 have not been met.

TA-W No. Subject firm Location Impact date
72,249 CJ's Wholesale Socks, Inc. Fort Payne, AL.
72,359 Nielsen Hardware, Actuant Corporation Berlin, CT.
72,515 Precision Custom Coatings Totowa, NJ.
72,917 Circuit City, Inc., Bethlehem Distribution Center Bethlehem, PA.
73,005 Camcar Aerospace Rockford, IL.
73,154 Transcom Enhanced Services, Inc. Fort Worth, TX.
73,156 American Spring Wire Corp. Kankakee, IL.
73,161 Oglebay Norton Industrial Sands, Inc., D/B/A Carmeuse Industrial Sands Brady, TX.
73,212 Ryko Manufacturing Co. Grimes, IA.
73,285 Bowne of Chicago, Inc., dba Bowne of Minneapolis, Leased Workers Randstad Staffing Services, etc Minneapolis, MN.
73,301 Shieldalloy Metallurgical Corp., A Subsidiary of AMG Newfield, NJ.
73,401 DEP, Inc., DBA Edward Ferrel/Lewis Mittman, Leased Workers from Graham Personelle High Point, NC.
73,841 HSBC Finance Corporation, HSBC North America Holdings, Inc. Dayton, OH.
73,894 United Auto Workers Local 2244 Fremont, CA.
74,334 Buehler Motor, Inc., Buhler Motor GMBH, Leased Workers From Manpower Morrisville, NC.
74,415 New Page Corporation, Kimberly Mill Kimberly, WI.

The investigation revealed that the criteria under paragraphs (b)(2) and (b)(3) (public agency acquisition of services from a foreign country) of section 222 have not been met.

TA-W No. Subject firm Location Impact date
74,029 Mohican Juvenile Correctional Facility Perrysville, OH.

Determinations Terminating Investigations of Petitions for Worker Adjustment Assistance

After notice of the petitions was published in the Federal Register and on the Department's Web site, as required by Section 221 of the Act (19 U.S.C. 2271), the Department initiated investigations of these petitions.

The following determinations terminating investigations were issued because the petitioner has requested that the petition be withdrawn.

TA-W No. Subject firm Location Impact date
72,537 McQuay International Verona, VA.
72,645 Enterprise Tool and Die Grandville, MI.
73,886 Burton Snowboards, Inc South Burlington, VT.
74,043 American Superconductor Corporation West Mifflin, PA.
74,083 Siemens Ballefontaine, OH.
74,190 Dyrsmith, LLC, DBA Precision-works Manufacturing Auburn, CA.
74,360 CR Compressors, LLC Decatur, AL.
74,361 CR Compressors, LLC Hartselle, AL.

The following determinations terminating investigations were issued because the petitioning groups of workers are covered by active certifications. Consequently, further investigation in these cases would serve no purpose since the petitioning group of workers cannot be covered by more than one certification at a time.

TA-W No. Subject firm Location Impact date
73,998 Dupont Performance Coatings, On-Site at New United Motor Manufacturing, Inc Fremont, CA.

The following determinations terminating investigations were issued because the petitions are the subject of ongoing investigations under petitions filed earlier covering the same petitioners.

TA-W No. Subject firm Location Impact date
74,344 Hanes Brands, Inc Winston Salem, NC.

The following determinations terminating investigations were issued because the Department issued a negative determination on petitions related to the relevant investigation period applicable to the same worker group. The duplicative petitions did not present new information or a change in circumstances that would result in a reversal of the Department's previous negative determination, and therefore, further investigation would duplicate efforts and serve no purpose.

TA-W No. Subject firm Location Impact date
73,741 Kenco Lexington, KY.
73,953 Freescale Semiconductor, Inc Woburn, MA.

I hereby certify that the aforementioned determinations were issued during the period of July 26, 2010 through July 30, 2010. Copies of these determinations may be requested under the Freedom of Information Act. Requests may be submitted by fax, courier services, or mail to FOIA Disclosure Officer, Office of Trade Adjustment Assistance (ETA), U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 or tofoiarequest@dol.gov. These determinations also are available on the Department's Web site at http://www.doleta.gov/tradeact under the searchable listing of determinations.

Dated: August 4, 2010.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance .

[FR Doc. 2010-20039 Filed 8-12-10; 8:45 am]

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