76 FR 1 pgs. 179-183 - Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Type: NOTICEVolume: 76Number: 1Pages: 179 - 183
FR document: [FR Doc. 2010-33046 Filed 12-30-10; 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 December 6, 2010 through December 10, 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 number | Subject firm | Location | Impact date |
|---|---|---|---|
| 74,125 | Bentley Arbuckle, Inc. | Dallas, TX | May 14, 2009. |
| 74,159 | TPUSA, Inc., Teleperformance USA, Inc. | Grindstone, PA | May 28, 2009. |
| 74,210 | Crossville, Inc., DBA Peltier Glass Company | Ottawa, IL | June 3, 2009. |
| 74,434 | Williams International Company, LLC, Leased Workers from Five Star Technical, Neu Tech Associates | Commerce Township, MI | July 16, 2009. |
| 74,624 | Chart Industries, Inc., Biomedical Division | Denver, CO | September 10, 2009. |
| 74,759 | Del Monte Foods, Plant District Center; Leased Workers Securitas Security Services, etc. | Terminal Island, CA | September 27, 2009. |
| 74,941 | Georgia Pacific, LLC, Alpha Plastics Division | Hamlet, NC | November 24, 2009. |
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 number | Subject firm | Location | Impact date |
|---|---|---|---|
| 73,692 | Dell, Inc., Perot Systems; Client Control Center | Plano, TX | February 27, 2010. |
| 74,555 | White Pine Copper Refinery, Hudson Bay Mining and Smelting Co., Limited | White Pine, MI | August 6, 2009. |
| 74,607 | WellPoint, Inc., The WellPoint Companies, Blue Cross of CA, Leased Workers from Bender, etc | Camarillo, CA | September 7, 2009. |
| 74,607A | WellPoint, Inc., The WellPoint Companies, Blue Cross of CA, Leased Workers from Bender, etc | Newbury Park, CA | September 7, 2009. |
| 74,607B | WellPoint, Inc., The WellPoint Companies, Blue Cross of CA, Leased Workers from Bender, etc | Thousand Oaks, CA | September 7, 2009. |
| 74,714 | Quest Diagnostics, Inc., Informational Technology Help Desk Services | West Norristown, PA | October 3, 2009. |
| 74,762 | CR Compressors, LLC, Division of Emerson Climate Technologies, Leased Workers from Regal | Hartselle, AL | October 1, 2009. |
| 74,778 | CEVA Freight, LLC, Leased Workers from Accountants International, Accountemps, etc | Houston, TX | October 21, 2009. |
| 74,800 | Toyo Seal America Corporation | Mooresville, NC | October 27, 2009. |
| 74,827 | Orthodyne Electronics, Business Unit of Kulicke and Soffa, Leased Workers Aerotek, Insight, etc | Irvine, CA | November 1, 2009. |
| 74,845 | J.P. International Tool, Inc., Leased Workers from EGW Associates, Inc | Alden, NY | November 4, 2009. |
| 74,886 | Winchester Electronics Corporation | Franklin, MA | July 2, 2010. |
| 74,886A | Leased Workers from Majestic Staffing, Staffmark, and Davis Company, Working On-Site at Winchester Electronics Corporation | Franklin, MA | November 16, 2009. |
| 74,887 | Winchester Electronics Corporation | Rock Hill, SC | July 2, 2010. |
| 74,891 | PricewaterhouseCoopers, LLP, Internal Firm Services Division; Word Processor Employees | Boston, MA | November 10, 2009. |
| 74,946 | Russound/FMP, Inc., Leased Workers Accountemps, National Employment Services Corporation, etc | Newmarket, NH | November 16, 2009. |
| 74,947 | Eastman Kodak Company, Document Imaging-Kodak Wheeling Division; Leased Workers Adecco Staffing, etc | Wheeling, IL | November 10, 2009. |
| 74,948 | Robin Manufacturing USA, Inc. | Hudson, WI | July 19, 2010. |
| 74,951 | STATS ChipPAC Unlimited (SCU) | Milpitas, CA | November 11, 2009. |
| 74,953 | V.I. Prewett & Son, Inc., Gildan Activewear, Leased Workers Stellar Staffing & First Choice Staffing | Fort Payne, AL | December 31, 2010. |
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 number | Subject firm | Location | Impact date |
|---|---|---|---|
| 74,694 | IAC Greencastle, LLC | Greencastle, IN | October 5, 2009. |
| 74,774 | Charter Manufacturing Company, Inc., Charter Automotive Division, Leased Workers from QTI | Milwaukee, WI | October 21, 2009. |
| 74,828 | Midwest Transatlantic Lines, Inc. | Berea, OH | November 2, 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 number | Subject firm | Location | Impact date |
|---|---|---|---|
| 74,757 | E.A. Quirin Machine Shop, Inc. | Saint Clair, PA | October 18, 2009. |
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 number | Subject firm | Location | Impact date |
|---|---|---|---|
| 74,925 | Commercial Furniture Group, Inc., Merchandise Mart | Chicago, IL |
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 number | Subject firm | Location | Impact date |
|---|---|---|---|
| 73,896 | Victory Industrial Products LLC | Batavia, OH | |
| 73,897 | Ebix, Inc., Ebix Customer Relations Management Division, Formerly E-Z- Data, Inc. | Lynchburg, VA | |
| 74,640 | Citigroup Management Corporation, CitiCorp, Inc. | Irving, TX | |
| 74,700 | AT&T | Reynoldsburg, OH | |
| 74,732 | Andy Sims Buick | Broadview Heights, OH | |
| 74,742 | Norske Skog (USA) Inc. | Southport, CT |
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 number | Subject firm | Location | Impact date |
|---|---|---|---|
| 74,579 | Henry River Manufacturing | Hildebran, NC | |
| 74,632 | Valspar Corporation | High Point, NC | |
| 74,632A | Valspar Corporation | Montebello, CA | |
| 74,632B | Valspar Corporation | Orangeburg, SC | |
| 74,632C | Valspar Corporation | Seattle, WA | |
| 74,844 | Cooper Lighting | Americus, GA | |
| 74,883 | Pitney Bowes | Shelton, CT | |
| 74,896 | Triangle Suspension Systems, Inc., Marmon Highway Technologies/Berkshire Hathaway; Triangle Springs Division | DuBois, PA |
The following determinations terminating investigations were issued in cases where these petitions were not filed in accordance with the requirements of 29 CFR 90.11. Every petition filed by workers must be signed by at least three individuals of the petitioning worker group. Petitioners separated more than one year prior to the date of the petition cannot be covered under a certification of a petition under Section 223(b), and therefore, may not be part of a petitioning worker group. For one or more of these reasons, these petitions were deemed invalid.
| TA-W number | Subject firm | Location | Impact date |
|---|---|---|---|
| 74,937 | Hachette Book Group | Boston, MA |
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 number | Subject firm | Location | Impact date |
|---|---|---|---|
| 74,753 | Hewlett Packard Company, Personal Systems Group | Roseville, CA | |
| 74,917 | Hewlett Packard Company, Personal Systems Group, Teleworkers Across 36 States and Headquartered in TX | Cupertino, CA |
I hereby certify that the aforementioned determinations were issued during the period of December 6, 2010 through December 10, 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: December 15, 2010.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2010-33046 Filed 12-30-10; 8:45 am]
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