2010-29426. 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 November 8, 2010 through November 12, 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
73,353	Federal-Mogul Products, Inc., Federal-Mogul Corporation, Leased Workers from Kelly Services	Smithville, TN	January 13, 2009.
73,900	First American Title Insurance Company, Workers Wages Reported Under National Default Title Services; Leased Workers	Santa Ana, CA	April 9, 2009.
73,900A	First American Title Insurance Company, Workers Wages Reported Under National Default Title Services; Leased Workers	Waterloo, IA	April 9, 2009.
74,203	Titan Tire Corporation, Division of Titan International, Inc.	Bryan, OH	May 20, 2009.
74,278	St. Joseph Industries, Inc., Automotive Department	Battle Creek, MI	June 10, 2009.
74,537	Polyair Corporation, Leased from Callos Companies and Snelling Staffing	Youngstown, OH	August 13, 2009.
74,573	Kok's Woodgoods, Inc., Tenon Limited; Leased Workers from Adecco	Zeeland, MI	August 26, 2009.
74,648	Bosch Packaging Technology, Inc. (PAUD), PA-PM Division; Applied Engineering and Corporate Services	New Richmond, WI	September 16, 2009.
74,786	Alexvale Furniture Company, Upholstery Division; Kincaid Furniture Company; La-z-Boy Chair Company	Taylorsville, NC	September 6, 2010.
74,786A	Leased Workers from Onin Temporary Staffing Solutions, On-Site at Alexvale Furniture Company; Upholstery Division; etc.	Taylorsville, NC	October 26, 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
74,000	International Business Machines (IBM), Global Business Services, Global Supply, Registration Database	Endicott, NY	October 7, 2008.
74,484	New York Wire Co., Walterboro Fiberglass Products, Leased Workers from Staff Mark & SC Voc. Rehab	Walterboro, SC	August 2, 2009.
74,575	International Business Machines (IBM), Global Sales Operations Organization; One Teleworker, etc	Charleston, WV	August 25, 2009.
74,575A	International Business Machines (IBM), Global Sales Operations Organization; One Teleworker, etc	Dallas, TX	August 25, 2009.
74,575B	International Business Machines (IBM), Global Sales Operations Organization; Two Teleworkers, etc	Atlanta, GA	August 25, 2009.
74,575C	International Business Machines (IBM), Global Sales Operations Organization; One Teleworker, etc	Phoenix, AZ	August 25, 2009.
74,647	Regent Group, Inc., Encore Marketing; Express Employment, Blue Ridge	Blue Ridge Summit, PA	September 16, 2009.
74,671	Hewlett Packard, Global Parts Supply Chain, Teleworkers, etc	Houston, TX	September 23, 2009.
74,673	Los Angeles Daily News Publishing Company, Pre-Press Department	San Bernardino, CA	September 22, 2009.
74,678	Primus International, Inc., Aurburn Division; Leased Workers from Aerotek	Algona, WA	September 27, 2009.
74,685	Coats American, Inc., Leased Workers from Allen & Assoc of America	Charlotte, NC	September 28, 2009.
74,768	Fortune Fashions Industries, LLC, Leased Workers from Temp Depot	Vernon, CA	October 12, 2009.
74,793	Nicholson File Company, Apex Tool Group, LLC	Cullman, AL	October 27, 2009.
74,807	UView Ultraviolet Systems, Inc., Some Wages Reported Under Motorvac Technologies, Inc	Santa Ana, CA	October 27, 2009.
74,815	Areva NP, Inc., Fuel Business, Newport News Industry and System One Services	Lynchburg, VA	October 25, 2009.
74,818	Tubular Metal Systems, LLC, Global Automotive Systems, LLC	Pinconning, MI	October 25, 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
73,480	Stant USA Corp., Formerly Known as Stant Manufacturing, Inc	Connersville, IN	January 21, 2009.
74,356	Industrial Technologies Corporation	Missoula, MT	July 2, 2009.
74,468	Cameron International, Division of Process and Compression Systems, Leased Workers EGW Personnel	Buffalo, NY	July 5, 2009.
74,627	World Wide Technology, Leased Workers from Prologistics	Greensboro, NC	September 13, 2009.
74,693	UFE, Inc., Leased Workers Job Connection and DM Dickason	El Paso, TX	September 20, 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
73,018	Smurfit-Stone Container Corporation, Container Division	Mansfield, OH
73,624	YRC, Inc., YRC Worldwide, Inc.	Columbus, OH
73,714	Interscope Manufacturing, Inc.	Middletown, OH
73,925	Bunge Milling, Inc., Bunge North America, Inc., Leased Workers from Initial Security and Eurofin	Danville, IL
74,689	Amdocs, Inc., Global Support Services, Advertising and Media AT&T Division	New Haven, CT
74,692	Bank of America, Centralized Sales Payment Office	Charlotte, NC
74,721	Dillard's, Inc., Information Technology Division	Little Rock, AR
74,767	Wausau Daily Herald, Advertising Production Division, Gannett Co., Inc	Wausau, WI

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
74,639	Intellectual Ventures	Bellevue, 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
74,194	After Six	Athens, GA

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
74,346	Warner Brothers Entertainment Company	Burbank, CA
74,791	Butternut One Ltd., Cranberry Hardwoods, Inc	Beckley, WV
74,792	Greenbrier Forest Products, Inc., Cranberry Hardwoods, Inc	Smoot, WV
74,805	Cranberry Resources, LLC, Cranberry Hardwoods, Inc	Beckley, WV
74,806	Cranberry Hardwoods, Inc	Beckley, WV
74,826	Cranberry Lumber Company	Newport, OH

I hereby certify that the aforementioned determinations were issued during the period of November 8, 2010 through November 12, 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: November 16, 2010.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.