78 FR 7 pgs. 2288-2291 - Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

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Type: NOTICEVolume: 78Number: 7Pages: 2288 - 2291

FR document: [FR Doc. 2013-00338 Filed 1-9-13; 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 17, 2012 through December 31, 2012.

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
82,158	Mohawk Industries, Inc., Backing Division	Waynesboro, VA	December 9, 2011.
82,224	Evraz Stratcor, Inc., Strategic Minerals Corporation	Hot Springs, AR	December 6, 2011.

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
82,005	Boston Scientific Corporation	Maple Grove, MN	September 25, 2011.
82,005A	Boston Scientific Corporation	Plymouth, MN	September 25, 2011.
82,123	Medtronic, Inc., Cardiac and Vascular Group, Excluding the Cardiac Rhythm Disease Mgmt, etc.	Mounds View, MN	October 31, 2011.
82,123A	Medtronic, Inc., Cardica and Vascular Group, Cardiac Rhythm Disease Mgmt. Op. Segment, etc.	Mounds View, MN	October 2, 2012.
82,149	Texon USA Inc., Texon International Group Limited	Russell, MA	October 4, 2011.
82,169	T-Systems North America, Inc.	Andover, MA	November 21, 2011.
82,170	TI Automotive, Ltd., FCS (Fluid Carrying System) Division, Elwood Staffing	Cynthiana, KY	November 21, 2011.
82,172	Nanya Technology Corporation Delaware, Nanya Technology Corporation-Taiwan	Houston, TX	November 26, 2011.
82,175	Philips Healthcare, MRI, Adecco	Highland Heights, OH	November 16, 2011.
82,186	Faurecia, Emissions Control Technologies, Express Employment & Manpower	Dexter, MO	January 26, 2013.
82,199	Regal Beloit Corporation, Springfield, Missouri Division, Penmac Personnel Services	Springfield, MO	November 30, 2011.
82,201	XOR Media, Formerly SeaChange International	Greenville, NH	December 3, 2011.
82,203	Huntingdon County Site, FCI USA, LLC, Americas Division, FCI SA, Manpower, Inc.	Mount Union, PA	January 23, 2012.
82,205	Thermo Electron North America, LLC, Thermo Fischer Scientific, Adecco and Aerotek	Madison, WI	December 4, 2011.
82,214	Kulicke & Soffa Industries, Aerotek and ITC, UI Wages Reported Through Orthodyne Electronics	Irvine, CA	December 11, 2012.
82,238	Dolby Laboratories, Inc., Manufacturing Division, Zerochaos and Modis	Brisbane, CA	December 10, 2011.
82,244	Philips Lighting, Philips Lightolier Division, Adecco	Wilmington, MA	December 10, 2011.
82,253	Cardinal Health, Financial Shared Services West, Aerotek, Excel Staffing and Experis Finance	Albuquerque, NM	December 13, 2011.

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 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
82,118	Hanson Worldwide LLC	Spokane, WA

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
81,901	iPacesetters, LLC	Eau Claire, WI
82,095	Verizon Services Corporation, Customer Service Clerk, General Clerk	Clarksburg, WV
82,136	Peabody Indiana Services, LLC, Air Quality Mine, Custom Staffing Services	Vincennes, IN
82,138	Prudential Insurance Company of America, Prudential Annuities, Transfer of Assets Division	Dresher, PA
82,144	Electrolux Home Care Products Inc., Distribution Center	El Paso, TX
82,180	Comcast Cable, West Division Customer Care	Morgan Hill, CA
82,188	PNC Bank, National Association, Retail Bank	Franklin, PA
82,188A	PNC Bank, National Association, Retail Bank	West Chester, IL

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
82,062	Pemco World Air Services	Florence, KY
82,177	Tyco Electronics Corporation, TE Connectivity Ltd. Company	Middletown, PA

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
81,996	Novartis Pharmaceutical Corporation, Primary Care Business Unit (Sales) Division	Schaumberg, IL
82,130	Wurth Revcar Fasteners, Inc., Working on-site at Daimler Buses North America, Inc	Oriskany, NY
82,232	EEP Quality Group, Inc.	Syracuse, NY

I hereby certify that the aforementioned determinations were issued during the period of December 17, 2012 through December 31, 2012. These determinations are available on the Department's Web site tradeact/taa/taa search form.cfm under the searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll free at 888-365-6822.

Dated: January 2, 2013.

Elliott S. Kushner,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2013-00338 Filed 1-9-13; 8:45 am]

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