2011-31236. 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 17, 2011 through November 25, 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
80,090A	ELC Management, LLC, The Estee Lauder Companies, Inc., Manpower	Melville, NY	March 31, 2010.
80,284	Duro Bag Manufacturing Company, Standard Products, Inter Span Resources, Inc	Richmond, VA	July 12, 2010.
80,320	Thule	Thomasville, GA	July 26, 2010.
80,324	Shiloh Industries, Inc., Mansfield Blanking Division, Legacy Staffing	Mansfield, OH	July 28, 2010.
80,327	Mohawk, ESV, Inc., Laurel Hill—Residential Yarn Division	Laurel Hill, NC	July 28, 2010.
80,410	Solyndra, LLC, 360 Degree Solar Holding, West Alley, Aerotek, Oxford, etc	Fremont, CA	September 1, 2010.
80,478	Skip's Cutting, Inc	Ephrata, PA	September 27, 2010.
80,496	Ben Mar Hosiery	Ft. Payne, AL	October 23, 2010.
80,514	Innertech-Shreveport, Division of Intier, Career Adventures	Shreveport, LA	October 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
80,097	Ingersoll Rand, Security Technologies Division, Tata Consultancy, Cognizant Tecnology, etc	Carmel, IN	April 8, 2010.
80,136	Mitsubishi Digital Electronics America, Inc., Helphmates and Remote Workers Throughout the United States Report to	Irvine, CA	April 21, 2010.
80,136A	Mitsubishi Digital Electronics America, Inc., Helphmates	Ontario, CA	April 21, 2010.
80,136B	Mitsubishi Digital Electronics America, Inc., Automation Personnel Services, Inc., and Hire Dynamics	Braselton, GA	April 21, 2010.
80,274	OmniVision Technologies Inc., Optics Division	Boulder, CO	July 8, 2010.
80,311	Verizon Business Network Services, Inc., MCI Communications Corporation	Tulsa, OK	July 21, 2010.
80,358	Wipro Technologies, Working on-site at Alcatel-Lucent	Alpharetta, GA	July 15, 2010.
80,361	Bank Of America, Bank of America Corporation, Global Trade Operations Import Letter, etc	Scranton, PA	July 27, 2010.
80,366	Technicolor Network Services US, LLC, Technicolor Digital Delivery, Broadcast Services Division, Ajilon Finance	Greenwood Village, CO	August 10, 2010.
80,370	Boston Scientific Corporation, Information Systems Division, Accenture and HP	Arden Hills, MN	August 12, 2010.
80,370A	Boston Scientific Corporation, Information Systems Division, Accenture and HP	Maple Grove, MN	August 12, 2010.
80,416	MPS Limited, Wages under MPS Content Services	Beverly, MA	September 6, 2010.
80,434	International Business Machines Corporation (IBM), Including Telecommuters	Armonk, NY	September 9, 2010.
80,442	Bon Worth, Inc	Hendersonville, NC	September 13, 2010.
80,486	Lattice Semiconductor Corporation, Research & Development	Bethlehem, PA	September 22, 2010.
80,494	Anthelio Healthcare Solutions, Inc., Information Technology Services Division, CSI Tech & Health Data Specialist	Dallas, TX	October 4, 2010.
80,499	Standard Insurance Company, Information Technology Department, Stancorp Financial, Volt Temporary, etc	Portland, OR	September 26, 2010.
80,509	Semiconductor Components Industries, LLC, dba ON Semiconductor/Zener-Rectifier, Superior Technical Resources	Phoenix, AZ	October 20, 2011.
80,510	Suntron Corporation	Sugar Land, TX	October 12, 2010.

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
80,495	BCI Fitchburg, Newark Graphicboard Products Division, The Newark Group, Labor Ready	Fitchburg, MA	October 5, 2010.
80,495A	Newark America, Paperboard Mills Divison, The Newark Group	Fitchburg, MA	October 5, 2010.
80,503	VIAM Manufacturing, Inc., CA Facility, Japan Vilene, Kelly Services, Link Staffing	Santa Fe Springs, CA	October 6, 2010.
80,505	Haldex, Inc., IT Department, Lade Digital Systems, Delta Systems, etc	Kansas City, MO	October 12, 2010.
80,515	AI-Shreveport, LLC, Android Industries	Shreveport, LA	October 28, 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 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
80,481	Kyowa America Corporation, Corporate Office	Westminster, CA

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
80,090	Whitman Packaging Corporation, The Estee Lauder Companies, Inc	Islandia, NY
80,291	R R Donnelley & Sons, Inc., Premedia Services Division, Kelly Services	Seattle, WA

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
80,314	Avon Products, Inc.	New York, NY
80,346	Graceway Pharmaceuticals, LLC	Bristol, TN
80,346A	Graceway Pharmaceuticals, LLC	Exton, PA
80,360	Pepsico, Inc.	Deerfield Beach, FL
80,435	New United Motor Mfg. Inc (NUMMI)	Fremont, CA
80,500	IBM	San Francisco, CA

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
80,469	CEVA Freight, LLC	Houston, TX

The following determinations terminating investigations were issued because the petitions are the subject of ongoing investigations under petitions filed earlier covering the same petitioners.

TA-W No.	Subject firm	Location	Impact date
80,526	BASF Corporation	Belvidere, NJ

I hereby certify that the aforementioned determinations were issued during the period of November 17, 2011, through November 25, 2011. These determinations are available on the Department's Web site at http://www.doleta.gov/​tradeact/​taa/​taa_​search_​form.cfm under the searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll-free at [phone].

Dated: November 28, 2011.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.