2010-30464. 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 15, 2010 through November 19, 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
73,462	Fantasy Activewear, Inc.	Vernon, CA	February 4, 2009.
74,572	Metal Powder Products	St. Marys, PA	August 26, 2009.
74,824	Electrolux International Company	Pittsburgh, PA	October 29, 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
73,696	Deloitte Financial Advisory Services LLP, Deloitte and Touche	Houston, TX	May 27, 2008.
73,928	Meyer Stamping & Manufacturing, Inc., Duffy Tool & Stamping, Brittany Stamping, Leased Wkrs Staffmark	Fort Wayne, IN	April 5, 2009.
74,129	Vertafore, Leased Workers from Kelly Services	College Station, TX	May 19, 2009.
74,286	Pearson Education, Curriculum Group Division; Pearson, Inc.; Leased Workers from Corestaff	Glenview, IL	June 8, 2009.
74,675	International Business Machines (IBM), The Hartford Insurance Company	Hartford, CT	August 27, 2009.
74,675A	International Business Machines (IBM), The Hartford Insurance Company	Simsbury, CT	August 27, 2009.
74,711	Silicon Valley Community Newspapers, Community Newspapers, LLC; Production	San Jose, CA	September 14, 2009.
74,728	Dresser Incorporated, Flow Technologies Division	Avon, MA	October 8, 2009.
74,761	Miller Curtain Company, Inc.	San Antonio, TX	October 14, 2009.
74,770	Journal Register Company, Oakland Press Division; Leased Wkrs from Express Employment Professionals	Pontiac, MI	October 20, 2009.
74,770A	Journal Register Company, Morning Star Division; Leased Workers from Express Employment Professionals	Mt. Pleasant, MI	October 20, 2009.
74,782	American Bankers Insurance Co., dba Assurant Specialty Property, Leased Wkrs from Teksystems, Kforce, etc	Miami, FL	October 25, 2009.
74,799	Brake Parts, Inc., a Division of Affinia Group, Inc	Litchfield, IL	November 19, 2010.
74,814	Elopak, Inc., Elopak A.S., Leased workers Lab Support, Venator, Lunch Specialist	New Hudson, MI	October 18, 2009.
74,829	Chamberlain Access Solutions, Chamberlain Group, Inc.; Adecco Technical, Aerotek, etc	Tucson, AZ	October 28, 2009.
74,830	Eaton Corporation, Industrial Controls Division; Leased Workers from Manpower Professional	Clayton, NC	November 2, 2009.
74,855	Electrolux Homecare Products, Inc., Leased Wkrs from Spherion Recruiting and Staffing Excellence	Bloomington, IL	November 8, 2009.
74,858	Benchmark Electronics, Leased Workers from Davis Companies	Nashua, NH	November 8, 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
73,705	Lap Tech Industries	Dayton, OH	March 12, 2009.
73,976	Worthington Specialty Processing, A Joint Venture of Worthington Industries, Inc. and US Steel Corporation	Canton, MI	April 18, 2009.
73,999	Webb Furniture Enterprises, Inc., Leased Workers from Manpower	Galax, VA	April 23, 2010.
74,525	Emerson Transportation Division, A Division of Emerson Electric	Bridgeton, MO	August 10, 2009.
74,538	Chris Stone, Inc.	Vernon, CA	August 12, 2009.
74,811	Media Mail Packaging and Fulfillment Services, Inc	Algood, TN	November 1, 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
74,380	Wistron InfoComm (Texas) Corporation, Workers Operating from Home Offices Throughout the United States, etc	Grapevine, TX.
74,795	Nevamar Company, LLC, Panolam Industries International, Inc	Tarboro, NC.

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
73,747	Synergy Solutions of Maine, LLC	Fort Kent, ME.
74,366	Ryder Truck Rental, Inc., Fleet Management Solutions Division	Auburn Hills, MI.
74,668	Communication Cable Company	Malvern, PA.
74,779	Exel-Owens Corning, Chem/Industrial	Heath, OH.

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 because the petitioner has requested that the petition be withdrawn.

TA-W No.	Subject firm	Location	Impact date
73,451	Harley Davidson Motor Company	Milwaukee, WI.
74,597	International Game Technology	Corvallis, OR.
74,683	Los Angeles Daily News Publishing Company, Pre-Press Department	San Bernardino, CA
74,722	Allied Marketing Group	Dallas, TX.
74,739	Chapman Data Services, Inc.	Dallas, TX.
74,873	HAVI Logistics North America	Lisle, IL.

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
74,583	David R. Webb Company	Williamsport, PA.
74,822	Bank of America	Los Angeles, CA.

The following determinations terminating investigations were issued because the Department issued a negative determination on petitions related to the relevant investigation period applicable to the same worker group. The duplicative petitions did not present new information or a change in circumstances that would result in a reversal of the Department's previous negative determination, and therefore, further investigation would duplicate efforts and serve no purpose.

TA-W No.	Subject firm	Location	Impact date
74,697	Bank of America, Card Customer Assistance Division	State College, PA.

I hereby certify that the aforementioned determinations were issued during the period of November 15, 2010 through November 19, 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 23, 2010.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.