2011-1616. 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 January 10, 2011 through January 14, 2011.

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
73,490	Owens-Illinois, Inc., North America Division	Charlotte, MI	February 9, 2009.
73,532	Roto-Die Company, Inc	Meadows of Dan, VA	February 16, 2009.
74,135	Wood Products Northwest	Days Creek, OR	May 19, 2009.
74,146	Furniture Crafters of Virginia, Inc	Collinsville, VA	May 14, 2009.
74,208	SB Acquisitions, LLC, dba Saunders Brothers	Westbrook, ME	June 7, 2009.
74,243	Wardwell Braiding Machine Company	Central Falls, RI	June 8, 2009.
74,264	Lazar Industries LLC, East Division	Siler City, NC	June 15, 2009.
74,341	Hearthstone Enterprises Inc., DBA Charleston Forge	Boone, NC	March 14, 2010.
74,605	Cambridge Tool & Die	Cambridge, OH	September 7, 2009.
74,746	Adrenaline Sporting Goods, LLC	Sherwood, OR	October 4, 2009.
75,018	Owens-Illinois, Inc., North America Division; Bridgeton Warehouse	Bridgeton, NJ	December 19, 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
74,138	Louis Baldinger & Sons, Inc	Astoria, NY	May 24, 2009.
74,183	SunGard Public Sector, Sunguard Data Systems; K-12 Education Division	Bethlehem, PA	March 5, 2009.
74,604	HCP Packaging Inc., USA, Leased Workers of Masiello Temp Agency	Hinsdale, NH	September 7, 2009.
74,831	CompuCom Systems, Inc., I-4 Division	Menlo Park, CA	November 2, 2009.
74,895	Wellpoint, Inc., Enterprise Provider Data Management Team; Leased Workers Kelly Services, etc	Indianapolis, IN	November 15, 2009.
74,958	Tenneco, Inc., Naoerc Division, Leased Workers from Elite Staffing, Inc	Cozad, NE	January 16, 2011.
74,967	Philips Lighting Company, Lighting Division	Danville, KY	March 12, 2010.
74,967A	Adecco Employment Services, Working On-site at Philips Lighting Company; Lighting Division	Danville, KY	December 5, 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
74,090	Daimler Trucks North America, Detroit Diesel	Detroit, MI	May 13, 2009.
74,259	Lapeer Plating and Plastics, Inc., f/k/a Dott Industries Deco Plate; Dott Acquisitions and IES, Inc	Lapeer, MI	May 26, 2009.
74,490	Fermer Precision, Inc	Ilion, NY	July 23, 2009.
74,866	Mountain City Lumber Co., Cranberry Hardwoods, Inc	Marion, VA	November 9, 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 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
74,417	Good Harbor Fillet Company, LLC, Leased Workers from Employment on Demand Agency	Gloucester, MA
74,669	Greif Brothers Corporation, PPS	Washington, PA
74,790	CTI and Associates, Inc	Wixom, MI
74,949	ProDrive Systems, Inc., TTI Turner Technology Instruments, Inc.; Leased Workers Alpha Staffing, etc	Ogdensburg, NY
74,991	Norandex Building Materials Distribution, Inc., Saint-Gobain	Gaylord, MI
75,062	Bucyrus Community Hospital, Inc	Bucyrus, OH

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 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 No.	Subject firm	Location	Impact date
75,076	Sheet Metal Workers Local 80	Southfield, MI

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
75,025	Emerson Transportation Services, Emerson Electric, Located Throughout the US	Bridgeton, MO

I hereby certify that the aforementioned determinations were issued during the period of January 10, 2011 through January 14, 2011. 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: January 19, 2011.

Elliott S. Kushner,

Certifying Officer, Office of Trade Adjustment Assistance.