78 FR 127 pgs. 39776-39779 - Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

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Type: NOTICEVolume: 78Number: 127Pages: 39776 - 39779

FR document: [FR Doc. 2013-15740 Filed 7-1-13; 8:45 am]

Agency: Labor Department

Sub Agency: Employment and Training Administration

Official PDF Version: PDF Version

Pages: 39776, 39777, 39778, 39779

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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 June 3, 2013 through June 7, 2013.

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:

[top] (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
82,530	Sherwood Valve LLC, Taylor-Wharton International LLC	Washington, PA	March 5, 2012.
82,685	VMC Consulting, VMC Division, Volt Information Sciences, Volt Workforce Solutions	Charlotte, NC	April 18, 2012.
82,749	Dillon Yarn Corporation, Draw Winding Department	Dillon, SC	May 13, 2012.

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.

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TA-W No.	Subject firm	Location	Impact date
82,364	Atmel Corporation, Colorado Springs Foundry Operations Group, Colorado Springs Test Group	Colorado Springs, CO	January 22, 2012.
82,415	Masco Cabinetry LLC, Masco Corporation	Atkins, VA	February 4, 2012.
82,641	EMC Corporation	Hopkinton, MA	January 19, 2013.
82,664	Jabil Circuit, Inc., Aerotek, American Society, Express Employment, Extra Resources, Snelling	Auburn Hills, MI	April 16, 2012.
82,666	Siaburges Automotive Actuators, Johnson Electric, Staffmark	Springfield, TN	April 17, 2012.
82,676	Honeywell International, Inc., Environmental Combustion & Controls, Engineering Document Control, Manpower	Golden Valley, MN	April 11, 2012.
82,700	Dell Products L.P., Dell, Inc., Parmer North 1 Facility (PNI), Adecco, Apex Systems, APN, etc	Austin, TX	April 29, 2012.
82,703	Sanyo Solar of Oregon, LLC, Wafer Slicing and Quality Control Operations, Brown and Dunton	Salem, OR	May 1, 2012.
82,709	Baxter Healthcare Corporation, Renal Division, Fabrication Shops Area, Kelly Services, Aerotek, etc	Largo, FL	May 3, 2012.
82,711	Penske Truck Leasing Company, L.P., Warranty Department, Purchase Order Team	Reading, PA	April 23, 2012.
82,726	Campbell Soup Supply Company, L.L.C., Campbell Soup Company	Sacramento, CA	May 9, 2012.
82,730	Baxter Healthcare of PR, Kelly Services	Aibonito, PR	May 7, 2012.
82,735	Kongsberg Automotive, Inc., Light Duty Cable Division, Kongsberg Automotive Holding ASA, Adecco, etc	Benton, LA	May 3, 2012.
82,760	Hartford Financial Services Group, Inc, Operations/Strategic Workforce Capabilities/Performance Measurement	Hartford, CT	May 22, 2012.
82,760A	Hartford Financial Services Group, Inc, Operations/Strategic Workforce Capabilities/Performance Measurement	Windsor, CT	May 22, 2012.
82,762	United Telephone Company of the Northwest, Hood River Assignment Center, Embarq Corporation/CenturyLink, Inc.	Hood River, OR	May 22, 2012.
82,763	AxleTech International, A General Dynamics Company	Oshkosh, WI	May 23, 2012.
82,772	Haemonetics Corporation, Aerotek, The Alpha Group	Braintree, MA	May 21, 2012.

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
82,364A	Atmel Corporation, Equipment Engineering Services Group	Colorado Springs, CO	January 22, 2012.

The following certifications have been issued. The requirements of Section 222(f) (firms identified by the International Trade Commission) of the Trade Act have been met.

TA-W No.	Subject firm	Location	Impact date
82,675	DMI Industries, Inc., Otter Tail Corp., Volt, Manpower, Spherion, Preference	Fargo, ND	February 13, 2012.
82,675A	DMI Industries, Inc., Otter Tail Corp., Volt, Manpower, Spherion, Preference	Tulsa, OK	February 13, 2012.

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
82,529	Nuance Transcription Services, Nuance Communications, Inc	Burlington, MA

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
82,036	Interface Sealing Solutions, Inc., Manpower	Croghan, NY
82,461	Tennessee Apparel Corporation	Waynesboro, TN
82,503	GMAC Mortgage, LLC, Residential Capital, LLC, Now Ocwen Loan Servicing, LLC, Ocwen Financial	Waterloo, IA
82,697	AT&T Corporation, AT&T Inc., Business Billing Customer Care	Pittsburgh, PA

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.

[top] 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
82,751	Hewlett Packard Company, Enterprise Storage Servers and Networking (TAPE) Group, d/b/a Enterprise	Fort Collins, CO

I hereby certify that the aforementioned determinations were issued during the period of June 3, 2013 through June 7, 2013. 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: June 10, 2013.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2013-15740 Filed 7-1-13; 8:45 am]

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