E8-26892. Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance  

  • Start Preamble

    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 (TA-W) number and alternative trade adjustment assistance (ATAA) by (TA-W) number issued during the period of October 27, 2008 through October 31, 2008.

    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. Section (a)(2)(A) all of the following must be satisfied:

    A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated;

    B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and

    C. Increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers' separation or threat of separation and to the decline in sales or production of such firm or subdivision; or

    II. Section (a)(2)(B) both of the following must be satisfied:

    A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated;

    B. There has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and

    C. One of the following must be satisfied:

    1. The country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United States;

    2. The country to which the workers' firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or

    3. There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision.

    Also, in order for an affirmative determination to be made for secondarily affected 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(b) of the Act must be met.

    (1) 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;

    (2) The workers' firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and

    (3) Either—

    (A) The workers' firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers' firm; or

    (B) A loss or business by the workers' firm with the firm (or subdivision) described in paragraph (2) contributed importantly to the workers' separation or threat of separation.

    In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance (ATAA) for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met.

    1. Whether a significant number of workers in the workers' firm are 50 years of age or older.

    2. Whether the workers in the workers' firm possess skills that are not easily transferable.

    3. The competitive conditions within the workers' industry (i.e., conditions within the industry are adverse).

    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.

    None.

    The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) of the Trade Act have been met.

    TA-W-63,919; Varian, Inc., Liquid Chromatography & Gas, Walnut Creek, CA: August 21, 2007

    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.

    None.

    The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) of the Trade Act have been met.

    None.

    Affirmative Determinations for Worker Adjustment Assistance and Alternative 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) and Section 246(a)(3)(A)(ii) of the Trade Act have been met.

    TA-W-63,968; Overhead Door Corporation, Shenandoah, VA: August 29, 2007.

    TA-W-64,063; XP Power, Inc., Anaheim, CA: September 15, 2007.

    TA-W-64,120; Columbia Falls Aluminum Company, LLC, Subsidiary of Glencore USA, Columbia Falls, MT: September 25, 2007.

    TA-W-64,213; Stanley Fastening Systems, L.P., a/k/a Stanley-Start Printed Page 67209Bostitch, Div. of Stanley Works, Inc., East Greenwich, RI: September 19, 2008.

    TA-W-64,216; Volvo Penta Marine Products LLC, Dyer's Employment Agency, Lexington, TN: October 9, 2007.

    TA-W-64,267; Stevens Linen Associates, Inc., Dudley, MA: October 21, 2007.

    TA-W-63,957; Phillips Plastics Corporation, Precision Decorating, Medford, WI: July 27, 2007.

    TA-W-64,081; Emerson Appliance Controls, A Subsidiary of Emerson Electric, Frankfort, IN: September 15, 2007.

    TA-W-64,089; Bill Sills Sportswear, Inc., PACA, Lexington, TN: September 17, 2007.

    TA-W-64,147; Mahle Engine Components USA, Inc., R&D Center, Muskegon, MI: September 30, 2007.

    TA-W-64,149; Sanmina-SCI Corporation, New Product Introduction Div, Adecco & Spherion, Pleasant Prairie, WI: October 1, 2007.

    TA-W-64,176; Leggett and Platt, Cerritos, CA: October 6, 2007.

    TA-W-64,189; Dura Automotive, Lawrenceburg, TN: September 16, 2007.

    TA-W-64,234; Lumax Industries, Inc., Altoona, PA: October 15, 2007.

    TA-W-63,941; General Motors Corporation, Vehicle Mfg. Div., Doraville Assembly, Allegis Staff, Doraville, GA: August 26, 2007.

    The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) and Section 246(a)(3)(A)(ii) of the Trade Act have been met.

    TA-W-63,988; Porter Engineered Systems, Inc., Westfield, IN: September 3, 2007.

    TA-W-64,051; Pacific Consolidated Industries, Fabrication Department, Riverside, CA: September 3, 2007.

    TA-W-64,119; Tex Tech, Inc., Brattleboro, VT: September 26, 2007.

    TA-W-64,139; Filtrona Greensboro, Inc., Greensboro, NC: September 29, 2007.

    TA-W-64,150; Andritz, Inc., PS and Manufacturing Divisions, Muncy, PA: October 1, 2007.

    TA-W-64,187; Coupled Products LLC (Formerly known as Dana Corporation), Columbia City, IN: October 7, 2007.

    TA-W-64,237; Cone Denim White Oak Plant, Greensboro, NC: March 4, 2008.

    TA-W-64,243; Clear Plas LLC, Formerly C-Plastics Corp, Leominster, MA: October 13, 2007.

    TA-W-64,256; STMicroelectronics, Phoenix, AZ: October 17, 2007.

    TA-W-64,301; Window Fashions, Inc., National Heights, PA: October 22, 2007.

    TA-W-63,931; Melco Engraving, Rochester Hills, MI: August 21, 2007.

    TA-W-64,103; Entegris, Inc., San Diego, CA: September 18, 2007.

    TA-W-64,114; Advanced Energy Industries, Inc., Adecco, Volt and ResourceMFG, Fort Collins, CO: September 24, 2007.

    TA-W-64,132; JDS Uniphase, Job Store Staffing, Louisville, CO: September 26, 2007.

    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) and Section 246(a)(3)(A)(ii) of the Trade Act have been met.

    TA-W-63,982A; Jamestown Moraine, Inc., Moraine, OH: September 2, 2007.

    TA-W-63,982; Moraine Sequencing Center, Inc., Moraine, OH: September 2, 2007.

    T A-W-63,993; Stanley Fastening Systems, L.P., aka Stanley-Bostitch /Div. of the Stanley Works, Inc., Clinton, CT: September 15, 2008.

    TA-W-64,046; Guilford Performance Textiles, Kenansville, NC: September 4, 2007.

    TA-W-64,058; Meridian Automotive Systems, Ionia, MI: September 8, 2007.

    TA-W-64,060; Ai-Shreveport LLC, Shreveport, LA: August 29, 2007.

    TA-W-64,090; Yuhshin USA Limited dba Ortech, DBA Ortech, Kirksville, MO: September 16, 2008.

    TA-W-64,222; TRW Automotive U.S. LLC, Global Electronics Div., Volt & Manpower, Marshall, IL: October 13, 2007.

    The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) and Section 246(a)(3)(A)(ii) of the Trade Act have been met.

    None.

    Negative Determinations for Alternative Trade Adjustment Assistance

    In the following cases, it has been determined that the requirements of 246(a)(3)(A)(ii) have not been met for the reasons specified.

    The Department has determined that criterion (1) of Section 246 has not been met. The firm does not have a significant number of workers 50 years of age or older.

    None.

    The Department has determined that criterion (2) of Section 246 has not been met. Workers at the firm possess skills that are easily transferable.

    TA-W-63,919; Varian, Inc., Liquid Chromatography & Gas, Walnut Creek, CA.

    The Department has determined that criterion (3) of Section 246 has not been met. Competition conditions within the workers' industry are not adverse.

    None.

    Negative Determinations for Worker Adjustment Assistance and Alternative Trade 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.

    Because the workers of the firm are not eligible to apply for TAA, the workers cannot be certified eligible for ATAA.

    The investigation revealed that criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) (employment decline) have not been met.

    None.

    The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met.

    TA-W-63,995; Wyeth, Biotech Division, Andover, MA.

    The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met.

    TA-W-63,820; Blue Water Automotive Systems, Inc., Caro, MI.

    TA-W-64,142; St. Lawrence Zinc Company, LLC, Governeur, NY.

    The workers' firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974.

    TA-W-63,438; GMAC Insurance Management Corporation, Information Technology Group, Maryland Heights, MO.

    TA-W-64,110; UAW, Local #110, Fenton, MO.

    TA-W-64,228; Miami Strategic Repair Center, Subsidiary of Rockwell Collins, Inc, Miami, FL.

    TA-W-64,262; Classic Components Corporation, Torrence, CA.

    Start Printed Page 67210

    The investigation revealed that criteria of Section 222(b)(2) has not been met. The workers' firm (or subdivision) is not a supplier to or a downstream producer for a firm whose workers were certified eligible to apply for TAA.

    None.

    I hereby certify that the aforementioned determinations were issued during the period of October 27 through October 31, 2008. Copies of these determinations are available for inspection in Room C-5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address.

    Start Signature

    Dated: November 5, 2008.

    Erin Fitzgerald,

    Director, Division of Trade Adjustment Assistance.

    End Signature End Preamble

    [FR Doc. E8-26892 Filed 11-12-08; 8:45 am]

    BILLING CODE 4510-FN-P

Document Information

Published:
11/13/2008
Department:
Employment and Training Administration
Entry Type:
Notice
Document Number:
E8-26892
Pages:
67208-67210 (3 pages)
PDF File:
e8-26892.pdf