2011-762. 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 13, 2010 through December 17, 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
73,745	Zumtobel Lighting, Inc., Zumtobel Ag, National Labor Strategy	Garfield, NJ	March 17, 2009.
73,971	Liz Palacios Designs Ltd	San Francisco, CA	September 6, 2009.
74,037	Electronic Technical Services, Inc	Albuquerque, NM	April 20, 2009.
74,317	Irving Forest Products	Fort Kent, ME	June 17, 2009.
74,423	Kennametal Extrude Hone, Kennametal, Leased Wkrs from Adecco Employment Service and Kelly Services	Irwin, PA	July 15, 2009.
74,625	Duro Bag Manufacturing Company	Hudson, WI	September 13, 2009.
74,676	Sparton Medical Systems Corporation, Leased Workers Resource Mfg	Frederick, CO	September 28, 2009.
74,698	Fraser, N.H. LLC, Fraser Paper LTD., Leased Workers of Vescom Corporation	Gorham, NH	March 13, 2010.
74,702	Sperry and Rice Manufacturing Company, LLC	Killbuck, OH	October 4, 2009.
74,775	Guardian Manufacturing Company, LLC, Paug-Vik Enterprises, Inc	Willard, OH	October 21, 2009.
74,780	Harvard Folding Box Company, Also Known As Ideal Box Company, Diamond Staffing	Lynn, MA	October 20, 2009.
74,780A	Harvard Folding Box Company, Also Known As Ideal Box Company, Encore Staffing	Lawrence, MA	October 20, 2009.
74,832	SK Hand Tools Corporation	Defiance, OH	November 2, 2009.
74,840	Startek USA, Inc	Grand Junction, CO	October 12, 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 No.	Subject firm	Location	Impact date
74,271	BAE Systems Platform Solutions, Electrical & Mechanical Circuit, Supperior Tech, Aerotek, Ensco, RPQ	Johnson City, NY	June 21, 2009.
74,582	ACF Industries, LLC, Workforce Temps	Milton, PA	August 31, 2009.
74,614	International Business Systems (IBM), Global Technology Services, Xcel Energy Account	Denver, CO	September 9, 2009.
74,641	Citicorp Credit Services, Inc. (USA), Citigroup Management Corp., Finance Reconciliation	Irving, TX	September 17, 2009.
74,771	Psychonomic Society, Publications Office	Austin, TX	October 21, 2009.
74,794	Datrose, Working On-site at Xerox	Webster, NY	October 27, 2009.
74,820	Clearwater Paper Corporation, Finance Division, Leased Workers from Express Temp Services	Spokane, WA	October 28, 2009.
74,821	Hewlett Packard, Global Information Security, Virtual Workers Reporting To	Tulsa, OK	November 1, 2009.
74,852	Genascis, LLC, fks Physician Management Group, Robert Half International, Legal, etc	Los Angeles, CA	November 8, 2009.
74,863	Neiman Marcus Group, Information Services Division	Irving, TX	November 10, 2009.
74,867	ABB, Inc., Reliability Services	Westerville, OH	November 3, 2009.
74,885	Haldex Brake Products Corporation, Leased Workers from Manpower	Grand Haven, MI	November 16, 2009.
74,915	Lay-Z-Boy	Siloam Springs, AR	November 22, 2009.
74,915A	Lay-Z-Boy, Working On-Site at Lay-Z-Boy	Siloam Springs, AR	November 22, 2009.
74,916	Philips Luminaries North America, Sparta Operations Division, Philips, Leased Workers from @Work	Sparta, TN	November 22, 2009.
74,918	Henkel Corporation	Olean, NY	November 22, 2009.
74,918A	Henkel Corporation, Leased Workers at Henkel Corporation	Olean, NY	November 22, 2009.
74,920	Raypak, Inc., PI US Holdings	Arcadia, FL	November 22, 2009.
74,921	Anthem Blue Cross and Blue Shield, Senior Medicare, Claims Rep Unit, Kelly Services	Fond Du Lac, WI	November 23, 2009.
74,934	Ilpea Industries, Inc	Fort Smith, AR	November 29, 2009.
74,934A	TEC Staffing Services, On-Site at Ilpea Industries, Inc	Fort Smith, AR	November 29, 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
74,857	Federal Mogul Corporation, Leased Workers of Aerotek	Schofield, WI	October 15, 2009.
74,910	Denim North America, Leased Workers of Westaff Agency	Columbus, GA	November 12, 2009.
74,952	Johnston Textiles, Inc., Micolas Plant, Johnston Acquisition, Leased Workers of Ambessador Personnel	Opp, AL	December 1, 2009.
74,960	Caraustar Custom Packaging Group, Caraustar Industries, Leased Workers from Manpower	Versailles, CT	December 3, 2009.

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
74,574	Luke Paper Company, NewPage Corporation, Leased Workers from Select Staffing	Luke, MD	November 17, 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 No.	Subject firm	Location	Impact date
74,312	Maine Industrial Tire, LLC	Gorham, ME
74,816	JPMorgan Chase & Co., Tresury and Securities, World Security, Transfer, Forum, Aerotek, Integrity	Cincinnati, OH

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
73,857	The Marlin Firearms Company, Inc., Remington Arms	North Haven, CT
74,263	Sitton Motor Lines, Inc	Joplin, MO

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
74,670	McCrorie Wood Products	Hickory, NC
74,913	Sara Lee Bakery, Sara Lee Corporation	Bellevue, NE

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
74,011	Kennametal, Inc., Leased Workers From Spherion Staffing Services	Bedford, PA
74,750	HomEq Servicing	Raleigh, NC
74,781	Harvard Folding Box Company, Also Known As Ideal Box Company	Lawrence, MA
74,988	Ingersoll Rand Company, Hussman Corporation, Climate Solutions	Bridgeton, MO

I hereby certify that the aforementioned determinations were issued during the period of December 13, 2010 through December 17, 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 [e-mail]. 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 21, 2010.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance .