2011-33327. 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 December 12, 2011 through December 16, 2011.

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
80,418	Invista S.A.R.L., Mundy Maintenance Services and Operations	Waynesboro, VA	February 20, 2011.
80,418A	Security Forces, Inc. (SFI), Working on-Site at Invista S.A.R.L	Waynesboro, VA	September 6, 2010.
80,451	Dillan Chenille, Inc.	Martinsville, VA	September 19, 2010.
80,463	Clow Water Systems Company, Carol Harris Staffing	Coshocton, OH	September 23, 2010.
80,479	Excelsior Services Group, Pinnacle Technical Resources, Working On-Site at Cognizant	Fort Worth, TX	September 28, 2010.
80,497	Southwoods, LLC, American Forest Products Division, Roper Personnel	Manning, SC	October 6, 2010.
80,520	Positronic Industries, Inc., Penmac	Mount Vernon, MO	October 13, 2010.
80,520A	Positronic Industries, Inc., Penmac	Springfield, MO	October 13, 2010.
80,528	Timbron International, Inc.	Stockton, CA	October 17, 2010.
81,011	Cyberdyne, Inc.	New Eagle, PA	February 13, 2010.
81,031	Ultrablend, LLC, Ambassador Personnel Services	Charlotte, NC	February 13, 2010.
81,097	Kimberly-Clark Worldwide, Inc., Kimberly-Clark Corp., Injury Free Inc., Ventilation Power Cleaning, etc	Everett, WA	February 13, 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
80,429	Kennametal, Inc., Kennametal Finance Organization	Latrobe, PA	June 18, 2011.
80,429A	Kelly Services, Working of Site at Kennametal, Inc., Kennametal Finance Organization	Latrobe, PA	September 9, 2010.
80,453	Seroyal USA, Inc, Atrium Biotech Investments, Inc., HVL LLC	Redmond, WA	September 20, 2010.
80,492	RockTenn, Consumer Packaging Division, Custom Staffing National	Milwaukee, WI	October 4, 2010.
80,498	InterMetro Industries Corporation, Emerson Electric, Custom Staffing	Fostoria, OH	October 5, 2010.
80,501	TT Electronics, International Resistive Company, Inc.	Boone, NC	October 10, 2010.
80,504	BASF Corporation, Coatings Division	Belvidere, NJ	December 23, 2011.
80,504A	Leased Workers from Nextsource, Working On-Site at BASF Corporation, Coatings Division	Belvidere, NJ	October 11, 2010.
80,527	MAHLE Engine Components USA, Inc., MAHLE Industries, Inc., Hamilton Connections and Monroe Staffing	Trumbull, CT	October 17, 2010.
81,001	Freeman Metal Products, Inc.	Ahoskie, NC	February 13, 2010.
81,005	Terex USA, LLC, Powertemp Services, Express Pesonnel and Manpower	Wilmington, NC	February 13, 2010.
81,058	Warren Corporation, Textile Apparel Divisions	Stafford Springs, CT	December 4, 2011.
81,064	VTech Communications, Inc., Express and Kelly IT	Beaverton, OR	February 13, 2010.
81,070	CVG CS LLC, Seating Division, including on-site leased workers from Staffmark	Tellico Plains, TN	February 13, 2010.
81,076	Amphenol Aerospace Corporation, Superior Technical Resource, Staffworks, Adecco and Manpower	Sidney, NY	February 13, 2010.
81,080	The Travelers Indemnity Company, Personal Insurance Division, Tele-Workers to this Location	Glens Falls, NY	February 13, 2010.
81,085	Western United Life Assurance Company, Global Life Holdings, LLC, Insurance Administration, etc	Spokane, WA	February 13, 2010.
81,091	Sperian Protection Instrumentation LLC, Honeywell International, Spherion Staffing Services, Manpower, etc	Middletown, CT	February 13, 2010.
81,095	Sanyo Manufacturing Corporation, Sanyo Electric Division, Panasonic Corporation	Forrest City, AR	December 31, 2011.
81,095A	Leased Workers From G4S (Wackenhut) and Ozark Motor Lines, Working On-Site at Sanyo Manufacturing Corporation	Forrest City, AR	February 13, 2010.
81,099	Brake Parts, Inc., Brake and Chassis Division, Affinia Group, Nicolet Staffing	Waupaca, WI	February 13, 2010.
81,103	Kerry, Inc., Kerry Holding Co., Express Personnel, Aerotek and Command Staffing	Kent, WA	February 13, 2010.
81,108	Mayville Products Corporation, QPS Employment Group	Mayville, WI	February 13, 2010.
81,111	Ametek National Controls Corporation, Instrumentation and Specialty, Ametek, Staff Force and Manpower	West Chicago, IL	October 9, 2011.
81,111A	First Choice Staffing, Ametek National Controls, Instrumentation and Specialty Controls Division	West Chicago, IL	February 13, 2010.
81,123	Dana Holding Corporation, Light Vehicle Division, Manpower and Experis	Marion, IN	June 10, 2010.
81,123A	Leased Workers From Experis, Working On-Site at Dana Holding Corporation	Marion, IN	February 13, 2010.

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.

TA-W No.	Subject firm	Location	Impact date
80,517	A.G. Simpson (USA), Inc., Shreveport Plant, Career Adventures	Shreveport, LA	October 13, 2010.
80,521	Billhorn Converters, LLC, Northweat Division, Express Employment	Kalama, WA	October 12, 2010.
80,531	PPG Industries, Inc., Automotive Coatings, Belcan and Aerotek, Working On-Site at General Motors	Shreveport, LA	October 18, 2010.
81,008	Lintelle Engineering, Inc., Kelly Services	Scotts Valley, CA	February 13, 2010.
81,121	Third Degree Graphics	Ventura, CA	February 13, 2010.

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
80,347	Pension Systems Corporation	Sherman Oaks, CA.
80,352	Penske Logistics, LLC,, General Electric/Penske, El Paso Distribution, Warehouse Division	El Paso, TX.
80,447	Dell USA LP, Dell, Inc., Support for Internal Services/Financial, Applications, etc.	Round Rock, TX.
80,476	Wells Fargo Bank, N.A., Auto Finance Collections Group	Bethlehem, PA.
80,511	Specialty Bar Products Company, Doncasters, Inc.	Blairsville, PA.
80,533	Champion Photochemistry	Rochester, NY.

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 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
81,148	Wells Fargo	San Francisco, CA.

I hereby certify that the aforementioned determinations were issued during the period of December 12, 2011 through December 16, 2011. These determinations are available on the Department's Web site at tradeact_taa/taa_search_form.cfm under searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll-free at [phone].

Dated: December 20, 2011.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.