82 FR 193 pgs. 46832-46835 - Notice of Determinations Regarding Eligibility To Apply for Trade Adjustment Assistance
Type: NOTICEVolume: 82Number: 193Pages: 46832 - 46835
Pages: 46832, 46833, 46834, 46835FR document: [FR Doc. 2017-21584 Filed 10-5-17; 8:45 am]
Agency: Labor Department
Sub Agency: Employment and Training Administration
Official PDF Version: PDF Version
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DEPARTMENT OF LABOR
Employment and Training Administration
Notice of Determinations Regarding Eligibility To Apply for Trade Adjustment Assistance
In accordance with the Section 223 (19 U.S.C. 2273) of the Trade Act of 1974 (19 U.S.C. 2271, et seq. ) ("Act"), as amended, the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance under Chapter 2 of the Act ("TAA") for workers by (TA-W) number issued during the period of August 19, 2017 through September 22, 2017. (This Notice primarily follows the language of the Trade Act. In some places however, changes such as the inclusion of subheadings, a reorganization of language, or "and," "or," or other words are added for clarification.)
Section 222(a)-Workers of a Primary Firm
In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for TAA, the group eligibility requirements under Section 222(a) of the Act (19 U.S.C. 2272(a)) must be met, as follows:
(1) The first criterion (set forth in Section 222(a)(1) of the Act, 19 U.S.C. 2272(a)(1)) is that a significant number or proportion of the workers in such workers' firm (or "such firm") have become totally or partially separated, or are threatened to become totally or partially separated;
AND (2(A) or 2(B) below)
(2) The second criterion (set forth in Section 222(a)(2) of the Act, 19 U.S.C. 2272(a)(2)) may be satisfied by either (A) the Increased Imports Path, or (B) the Shift in Production or Services to a Foreign Country Path/Acquisition of Articles or Services from a Foreign Country Path, as follows:
(A) Increased Imports Path:
(i) The sales or production, or both, of such firm, have decreased absolutely;
AND (ii and iii below)
(ii) (I) imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased OR
(II) (aa) 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; OR
(II) (bb) imports of articles like or directly competitive with articles which are produced directly using the services supplied by such firm, have increased; OR
(III) 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;
AND
(iii) the increase in imports 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
(B) Shift in Production or Services to a Foreign Country Path OR Acquisition of Articles or Services from a Foreign Country Path:
(i)(I) There has been a shift by such workers' firm to a foreign country in the production of articles or the supply of services like or directly competitive with articles which are produced or services which are supplied by such firm; OR
(II) such workers' firm has acquired from a foreign country articles or services that are like or directly competitive with articles which are produced or services which are supplied by such firm;
AND
(ii) the shift described in clause (i)(I) or the acquisition of articles or services described in clause (i)(II) contributed importantly to such workers' separation or threat of separation.
Section 222(b)-Adversely Affected Secondary Workers
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 TAA, the group eligibility requirements of Section 222(b) of the Act (19 U.S.C. 2272(b)) must be met, as follows:
(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;
AND
(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 or service that was the basis for such certification (as defined in subsection 222(c)(3) and (4) of the Act (19 U.S.C. 2272(c)(3) and (4));
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
[top] (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
Section 222(e)-Firms identified by the International Trade Commission
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 TAA, the group eligibility requirements of Section 222(e) of the Act (19 U.S.C. 2272(e))must be met, by following criteria (1), (2), and (3) as follows:
(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) of the Act (19 U.S.C. 2252(b)(1));
OR
(B) an affirmative determination of market disruption or threat thereof under section 421(b)(1)of the Act (19 U.S.C. 2436(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));
AND
(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) of the Trade Act (19 U.S.C. 2252(f)(1)) with respect to the affirmative determination described in paragraph (1)(A) is published in the Federal Register under section 202(f)(3) (19 U.S.C. 2252(f)(3)); OR
(B) notice of an affirmative determination described in subparagraph (B) or (C) of paragraph (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) not withstanding section 223(b) of the Act (19 U.S.C. 2273(b)), the 1-year period preceding the 1-year period described in paragraph (2).
Affirmative Determinations for Trade 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 Path) of the Trade Act have been met.
| TA-W No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 92,193 | White Pine Electric Power, LLC, PM Power Group, Inc | White Pine, MI | September 9, 2015. |
| 92,552 | UTLX Manufacturing, LLC, Marmon Holdings, Inc., Berkshire Hathaway, Inc | Alexandria, LA | January 12, 2016. |
| 92,609 | Avantor Performance Materials, LLC, Avantor Performance Materials Holdings, Kelly Services, Inc | Phillipsburg, NJ | February 3, 2016. |
The following certifications have been issued. The requirements of Section 222(a)(2)(B) (Shift in Production or Services to a Foreign Country Path or Acquisition of Articles or Services from a Foreign Country Path) of the Trade Act have been met.
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| TA-W No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 92,908 | SolarWorld Americans Inc., SolarWorld AG-Holding, Adecco, Randstad, Express, etc | Hillsboro, OR | May 22, 2016. |
| 92,955 | Adient US LLC, Manpower Staffing, Malone Staffing | Auburn Hills, MI | June 13, 2016. |
| 92,973 | The Boeing Company, Boeing Commercial Aircraft, 22nd Century Technologies, Adecco US, etc | North Charleston, SC | June 23, 2016. |
| 93,025 | Ascutney Metal Products, Inc., Spirol International Corporation, Spirol International Holding Corporation | Windsor, VT | July 18, 2016. |
| 93,031 | Continental Traffic Service, Inc., CTSI-Global, Pridestaff | Memphis, TN | July 21, 2016. |
| 93,040 | Radio Frequency Systems Inc., RFS Holding, GmbH, Alcatel Shanghai Bell, Adecco, Westaff, A.R. Mazzotta | Meriden, CT | July 26, 2016. |
| 93,044 | Hartford Fire Insurance Company, Ariba Unit Technology Support Team, Hartford Financial Services Group, etc | Hartford, CT | July 27, 2016. |
| 93,050 | Ormco d/b/a Allesee Orthodontic Appliances (AOA), Ormco Corporation, Kelly Services | Sturtevant, WI | July 31, 2016. |
| 93,052 | HARMAN International, Samsung, Aerotek, Manpower, Quantum EPM, Humanix, Spherion, Wheelhouse, etc | Richardson, TX | August 1, 2016. |
| 93,053 | JLM Couture, Inc. | New York, NY | August 1, 2016. |
| 93,059 | International Business Machines (IBM), Watson Lab Services Delivery, 7Y Division, etc | Littleton, MA | August 3, 2016. |
| 93,066 | Kalmar Rough Terrain Center, LLC, Cargotec | Cibolo, TX | August 7, 2016. |
| 93,067 | Metalor Technologies USA, Electrotechnics, Carol Harris Staffing, Spherion, PeopleShare, etc | Export, PA | August 8, 2016. |
| 93,071 | National Instruments, Americas Operation Division | Austin, TX | September 16, 2016. |
| 93,071A | Staffmark, National Instruments, Americas Operation Division | Austin, TX | August 11, 2016. |
| 93,078 | Health Care Service Corporation, Information Technology (Infrastructure) Services | Downers Grove, IL | August 16, 2016. |
| 93,078A | Health Care Service Corporation, Information Technology (Infrastructure) Services | Lombard, IL | August 16, 2016. |
| 93,082 | Heli-Tech, Inc., d/b/a Dart Aerospace | Eugene, OR | August 17, 2016. |
| 93,086 | Convergys | Richardson, TX | August 18, 2016. |
| 93,099 | GE MDS, LLC, GE Power Division, Kelly Services | Rochester, NY | August 29, 2016. |
| 93,111 | Corpak Medsystems, Inc., Halyard Health, Kelly Services, Express Employment Professionals, etc | Buffalo Grove, IL | September 1, 2016. |
The following certifications have been issued. The requirements of Section 222(b) (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 |
|---|---|---|---|
| 93,046 | Optimas OE Solutions, LLC, AIP | Erie, PA | July 28, 2016. |
Negative Determinations for Worker Adjustment Assistance
In the following cases, the investigation revealed that the eligibility criteria for TAA have not been met for the reasons specified.
The investigation revealed that the requirements of Trade Act section 222 (a)(1) and (b)(1) (significant worker total/partial separation or threat of total/partial separation), or (e) (firms identified by the International Trade Commission), have not been met.
| TA-W No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 93,023 | International Business Machines (IBM), Global Administration (GA), YEXO GA Assistant Department | Littleton, MA |
The investigation revealed that the criteria under paragraphs (a)(2)(A)(i) (decline in sales or production, or both), or (a)(2)(B) (shift in production or services to a foreign country or acquisition of articles or services from a foreign country), (b)(2) (supplier to a firm whose workers are certified eligible to apply for TAA or downstream producer to a firm whose workers are certified eligible to apply for TAA), and (e) (International Trade Commission) of section 222 have not been met.
| TA-W No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 92,996 | GVL Polymer, Inc., ADP TotalSource, LSI Staffing, Aerotek Staffing | Hesston, KS |
The investigation revealed that the criteria under paragraphs(a)(2)(A) (increased imports), (a)(2)(B) (shift in production or services to a foreign country or acquisition of articles or services from a foreign country), (b)(2) (supplier to a firm whose workers are certified eligible to apply for TAA or downstream producer to a firm whose workers are certified eligible to apply for TAA), and (e) (International Trade Commission) of section 222 have not been met.
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| TA-W No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 91,313 | American Paper Products | Totowa, NJ | |
| 91,735 | Parker Hannifin Corporation, Hose Products Division, Prostaff | Deerwood, MN | |
| 91,909 | John Deere Ottumwa Works | Ottumwa, IA | |
| 91,989 | Emerson Electric Company, White-Rodgers Division, ResourceMFG, Select Staffing | El Paso, TX | |
| 91,989A | Emerson Electric Company, White-Rodgers Division, Accountemps, Aerotek, Apex, Asychrony, Belcan, etc | St. Louis, MO | |
| 92,525 | Protech Powder Coatings, Inc., Thermoclad Division, Protech US Holdings Inc., Kelly Services, Inc | Erie, PA | |
| 92,528 | Humboldt Wedag, Inc., KHD Humboldt Wedag GmbH, Aerotek | Norcross, GA | |
| 92,593 | Integrated Power Services, LLC | Washington, PA | |
| 92,893 | General Mills Operations, LLC, Progresso Soup Division, General Mills, Inc | Vineland, NJ | |
| 92,960 | General Motors (GM), Fairfax Assembly, Development Dimensions International (DDI) | Kansas City, KS | |
| 92,975 | T&W Forge, LLC., SIFCO Industries, Inc | Alliance, OH | |
| 92,991 | Moventas Gears, Inc., Express Services/Express Professionals, Madden Industries, etc | Portland, OR | |
| 93,006 | Swagelok Technology Services Company, Swagelok Company, Legacy Staffing | Erie, PA | |
| 93,020 | Meadowbrook Meat Company-Tracy, McLane Company, Inc., J.B. Hunt, Premier Warehousing, Balance Staffing | Tracy, CA | |
| 93,034 | Macy's Sunland Park Store | El Paso, TX | |
| 93,059A | International Business Machines (IBM), DG NA Digital Marketing Group, Global Digital Marketing Organization | Cambridge, MA | |
| 93,064 | Locke Insulators, Inc., NGK North America, Inc | Baltimore, MD | |
| 93,091 | International Business Machines (IBM), RFS Management Services, Global Technical Services (GTS) | Smyrna, GA | |
| 93,094 | Health Care Service Corporation, Marion Claims Front E Department, Kelly Services | Marion, IL |
Determinations Terminating Investigations of Petitions for Trade 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 in cases where the petition regarding the investigation has been deemed invalid.
| TA-W No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 92,985 | BJC HealthCare System | St. Louis, MO | |
| 93,128 | Motorola, 222 Merchandise Mart Plaza | Chicago, IL |
The following determinations terminating investigations were issued because the worker group on whose behalf the petition was filed is covered under an existing certification.
| TA-W No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 92,905 | Seagate Technology, Randstad, Tek Systems, Inc | Bloomington, MN | |
| 92,965 | General Electric Power Conversion US, Inc., Yoh Services, Sunrise Systems, Inc., Noramtec Consultants, etc | Pittsburgh, PA | |
| 93,028 | TATA Consultancy Services | Midland, MI | |
| 93,057 | Buckshot Corp., Diodes FabTech Inc., Diodes Incorporated | Lee's Summit, MO | |
| 93,087 | Hewlett Packard Enterprise, Enterprise Services-Finance Division, Hewlett Packard Enterprise, etc | Chicago, IL |
The following determinations terminating investigations were issued because the petitioning group of workers is covered by an earlier petition that is the subject of an ongoing investigation for which a determination has not yet been issued.
| TA-W No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 93,073 | NORPAC Foods, Inc., Plant 7 | Salem, OR | |
| 93,073A | NORPAC Foods, Inc., Stayton Plant, BDI Staffing | Stayton, OR | |
| 93,073B | NORPAC Foods, Inc., Brooks Plant | Salem, OR | |
| 93,109 | Best Buy, Geek Squad | Richfield, MN |
I hereby certify that the aforementioned determinations were issued during the period of August 19, 2017 through September 22, 2017. These determinations are available on the Department's Web site https://www.doleta.gov/tradeact/taa/taa_search_form.cfm under the searchable listing determinations or by calling the Office of Trade Adjustment Assistance toll free at 888-365-6822.
Signed at Washington DC, this 22nd day of September, 2017.
Hope D. Kinglock,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2017-21584 Filed 10-5-17; 8:45 am]
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