2010-25401. 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 September 20, 2010 through September 24, 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
73,126	Freescale Semiconductor, Inc., (FSL), Cellular Products Group (CPG), Cellular Products Division (CPD)	Austin, TX	December 11, 2008.
73,763	Leed Foundry, Inc	Saint Clair, PA	March 19, 2009.
74,082	Alcoa, Inc. (, Alcoa Forgings and Extrusions Business, Leased Workers IQnavigator, etc	Lafayette, IN	May 11, 2009.
74,239	Hanesbrands, Inc., Leased Workers from Security Group	Advance, NC	May 31, 2009.
74,594	Danfoss Chatloff, LLC, Danfoss A/S, Leased Workers from Hawkins Personnel Group and Aerotek	Buda, TX	September 2, 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
73,698	Holloway Sportswear, Inc., Leased Workers from Staffmark, Inc	Jackson Center, OH	March 1, 2009.
73,943	Core 3, Inc., Profitkeeper	Mesa, AZ	April 14, 2009.
73,947	Hewlett Packard Company, Enterprise Business Division, Leased Workers MW2 & ISI, Teleworkers, etc	Palo Alto, CA	April 14, 2009.
74,016	Service Stamping and Threading, A Mid-Park Company	Leitchfield, KY	April 22, 2009.
74,345	Medtronic Spine, LLC, Medtronic World Headquarters, Operations and Quality Control	Sunnyvale, CA	July 1, 2009.
74,459	The Sun News, Advertising Design Division	Myrtle Beach, SC	July 28, 2009.
74,481	Diversey, Inc., Account Payable, etc., Leased Workers Accountemps, Adecco, Aerotek, etc	Sturtevant, WI	August 4, 2009.
74,493	Accenture, LLC, Debit Tower Division	Wilmington, DE	July 26, 2009.
74,526	Georgia-Pacific Wood Products LLC, Georgia-Pacific LLC, Wood and Fiber Supply Organization	Mount Hope, WV	August 13, 2009.
74,562	Nextrx, Inc., Express Scripts, Inc., Leased Workers from Kelly Services	Plano, TX	August 24, 2009.
74,570	Vanity Fair Brands, LP, Fruit of the Loom, Distribution Center #2	Monroeville, AL	August 24, 2009.
74,577	MedRisk, Inc., Leased Workers Express Employment Professionals, Contemporary Staffing, etc	King of Prussia, PA	August 27, 2009.
74,586	Burton Snowboards Company, Burton Manufacturing Center Division	Burlington, VT	August 24, 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
74,009	Akzo Nobel Coatings, Inc., Powder Coatings Division	Brecksville, OH	April 22, 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
73,983	Apria Healthcare, Billing and Collections Division	Redmond, WA

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
73,050	United Southern Industries, Inc	Forest City, NC
73,269	Grand Manor Furniture, Leased Workers Accuforce Staffing, ONIN Staffing, The People Connection, etc	Lenoir, NC
73,588	AGC Chemicals America, Inc., Asahi Glass Company	Thorndale, PA
74,294	Travel Adventures, Inc	Lapeer, MI
74,549	Algonac Cast Products, Inc	Algonac, MI

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 USC 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
74,062	EPSG Management Services	Burbank, CA
74,430	Tasman Hartford, LLC	Hartford, WI

I hereby certify that the aforementioned determinations were issued during the period of September 20, 2010 through September 24, 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 1, 2010.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.