2010-28122. 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 18, 2010 through October 22, 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
73,430	Covad Communications Company, Dieca Communications, Inc. Leased Workers Equity Staffing and Position Filled	Denver, CO	January 28, 2009.
74,071	Besse Wood Products, Inc., Birds Eye Veneer Company	Butternut, WI	April 20, 2009.
74,510	Ornamental Products, LLC, Tenon, Limited; Leased Workers from Staffmasters	High Point, NC	July 12, 2010.

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
73,743	American Fiber and Finishing, Inc., Leased Workers from Staffmasters	Albemarle, NC	March 17, 2009.
73,940	LVD Acquisition LLC, dba Oasis International	Columbus, OH	March 18, 2009.
74,275	Welch Allyn, Inc., Trimline, Accountemps, Kelly, Delta, and Connection	Branchburg, NJ	June 16, 2009.
74,275A	Welch Allyn, Inc., Also Known as Trimline	Branchburg, NJ	June 16, 2009.
74,411	Avaya Global Services, AOS Service Delivery, Diamondware, LTD., Virtual Offices	Research Triangle Park, NC	July 8, 2009.
74,411A	Avaya Global Services, AOS Service Delivery, Diamondware, LTD	Richardson, TX	July 8, 2009.
74,411B	Avaya Global Services, AOS Service Delivery, Diamondware, LTD	Billerica, MA	July 8, 2009.
74,411C	Avaya Global Services, AOS Service Delivery, Diamondware, LTD	Santa Clara, CA	July 8, 2009.
74,546	Medline Industries, Inc., Sterile Procedure Trays Div., Leased Workers from Resource Mfg	Oldsmar, FL	August 16, 2009.
74,546A	Medline Industries, Inc., Sterile Procedure Trays Div., Leased Workers from Resource Mfg	Clearwater, FL	August 16, 2009.
74,557	Brinker International, Accounting Division, Accountemps and Right Hire	Dallas, TX	August 6, 2009.
74,588	Hewlett Packard Company, Applications Services Division	Fishers, IN	August 1, 2009.
74,608	Roman entertainment Corporation of Indiana, D/B/A Harrah's Horseshoe of Southern Indiana, Information Tech. Dept	Elizabeth, IN	September 8, 2009.
74,662	Hewlett Packard Company, Applications Services Division	Los Angeles, CA	September 15, 2009.
74,677	Hospira, Incorporated, Kelly Service	Pleasant Pairie, WI	August 30, 2009.
74,682	Broadview Network Holdings, Inc.	Rye Brook, NY	September 27, 2009.
74,686	Diebold Software Solutions, A Division of Diebold, Inc., Leased Workers from Technisource, Inc	Raleigh, NC	September 24, 2009.
74,703	Aviat, U.S., Inc., Harris Stratex, Networks Operating Corp., Greene Resources	San Jose, CA	November 21, 2010.
74,710	Kasco Corporation	Atlanta, GA	October 4, 2009.
74,727	Habilis, Inc., Optima, Inc.; Monroe Staffing Services, LLC and Photo Temps	Milford, CT	October 13, 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
73,650	Cole Pattern and Engineering	Fort Wayne, IN	March 3, 2009.
74,515	Weyerhaeuser NR—Foster Veneer, ILevel—Engineered Wood Products	Sweet Home, OR	August 11, 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
74,352	Trim Masters, Inc., Toyota Boshuko America, Johnson Controls, NESCO Resource	Nicholasville, KY	July 7, 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
73,855	Karsten Homes	Stayton, OR.
74,492	Rocky III Investments, LLC	Montrose, CO.

I hereby certify that the aforementioned determinations were issued during the period of October 18, 2010 through October 22, 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 28, 2010.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.