2010-26768. 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 October 4, 2010 through October 8, 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
73,568	Scioto Plastics, LLC	Franklin Furnace, OH	February 24, 2009.
73,851	Mueller Steam Specialty, Leased Workers from Staffing Alliance, Two Hawk Employment Agency	St. Pauls, NC	April 5, 2009.
74,091	Moore Flame Cutting Co	Sterling Heights, MI	April 30, 2009.
74,145	Briggs and Stratton Corp., EPPG Div., Adecco	Murray, KY	May 22, 2009.
74,181	Cold Spring Granite Company, Granite Fabrication Division	Cold Spring, MN	June 2, 2009.
74,238	Sitel Operating Corporation, Sitel Worldwide Corporation	Winfield, AL	June 2, 2009.
74,285	Invensys Rail Corp., Safetran Systems Corporation, Ultimate Staffing	Rancho Cucamonga, CA	June 17, 2009.
74,542	Reiman Media Group, LLC, Premedia Department	Greendale, WI	August 18, 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
73,548	R.G. Barry Corporation, Corporate Headquarters, Creative Group, Accounts, etc	Pickerington, OH	February 12, 2009.
73,814	Triumph Aerostructures, LLC, Vought Aircraft, Vought Commercial, Johnson, etc	Grand Prairie, TX	March 26, 2009.
74,150	VMware, IT Applications Group, Subsidiary of EMC	Palo Alto, CA	May 24, 2009.
74,150A	VMware, Global Support Services Team, Subsidiary of EMC	Palo Alto, CA	May 24, 2009.
74,325	ExxonMobil Chemical Company, Films Business Div., Manpower	Macedon, NY	June 25, 2009.
74,359	SuperMedia, LLC, Idearc Media, Publishing Operation, TCS, ASEC, OKS	Everett, WA	July 1, 2009.
74,379	Phoenix Technology Center, Mattel, Inc., Leased Workers of Paradigm	Phoenix, AZ	July 12, 2009.
74,418	Husqvarna Outdoor Products, Inc	Texarkana, TX	June 30, 2009.
74,426	International Business Machines (IBM), Division 7T, Enterprise Systems Development	Rochester, MN	July 22, 2009.
74,427	Mattel, Inc., Infrastructure Services, Pro Unlimited, Inc	El Segundo, CA	July 20, 2009.
74,514	AstenJohnson, Inc., Leased Workers from SPB and Associates	Clinton, SC	August 3, 2009.
74,539	Harris Corporation, Broadcast Communications Division	Chesapeake, VA	August 18, 2009.
74,547	HAVI Logistics, North America, Havi Group, LP, Leased Workers from Office Team	Davis, CA	August 11, 2009.
74,558	United Solar Ovonic	Auburn Hills, MI	August 23, 2009.
74,559	Solo Cup Operating Corporation, Solo Cup Company, Pennmac Staffing	Springfield, MO	August 24, 2009.
74,593	Whirlpool Corporation, Career Solutions, TEC Staffing	Fort Smith, AR	October 2, 2010.
74,611	Schneider Electric USA, Volt Workforce Solutions	Knightdale, NC	August 27, 2009.
74,612	Covidien, Accounts Payable Department, Kelly Services	Mansfield, MA	September 8, 2009.
74,620	AMB Property, L.P., Property Accounting Group	Boston, MA	September 10, 2009.
74,628	Di-Pro, Inc., Bendix-Spicer/Knorr-Bremse, Select	Fresno, CA	September 9, 2009.
74,642	Covidien, Tyco Healthcare Group LP, Medical Supplies, Kelly Serv	Watertown, NY	September 17, 2010.
74,665	Aegon USA, dba Transamerica Life Insurance Company	Chattanooga, TN	September 20, 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
74,436	Faurecia Automotive Seating, Troy Technical Center, Reliance One, Trialon, EHD, etc	Troy, MI	July 6, 2009.

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
73,913	VersaLogic Corporation, Leased Workers from Barrett Business Services and Adecco	Eugene, OR	April 12, 2009.
74,305	Hanesbrands, Inc., Annapolis Drive Facility	Winston-Salem, NC	June 18, 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
73,773	V and S Detroit Galvanizing, LLC, Voigt and Schweitzer, LLC	Redford, MI
74,623	Frost Controls, Inc	Smithfield, RI

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
74,551	Vaughan Furniture Company	Galax, VA

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
72,493	Ananke, Inc	Providence, RI
74,291	South Central Workforce Investment Board, Ozark Action, Inc	West Plains, 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
74,544	3M IMTEC	Ardmore, OK
74,616	Orbotech, Inc., A workers working on-site at TTM Technologies	Redmond, WA

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
74,488	Computer Sciences Corporation (CSC)	Newark, DE
74,496	Hallmark Cards, Inc	Kansas City, MO

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
74,103	WellPoint, Inc., Doing business as Blue Cross/Blue Shield	Denver, CO

I hereby certify that the aforementioned determinations were issued during the period of October 4, 2010 through October 8, 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: October 15, 2010.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.