2011-2964. 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 January 24, 2011 through January 28, 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
74,169	Teco-Westinghouse Motor Company, Teco Holdings USA, Inc.; Leased Workers from HT Staffing, Manpower, etc	Round Rock, TX	May 27, 2009.
74,174	Wiza Industries, Inc	Muskego, WI	June 1, 2009.
74,324	Kinetic Enterprise, DBA Triem Electric Motors	Mebane, NC	June 22, 2009.
74,571	Alpine Custom Shutters, Inc	Englewood, CO	August 18, 2009.
74,659	Clear Pine Mouldings, Inc., Contact Holding Company	Prineville, OR	March 1, 2010.
74,659A	Leased Workers from Mid Oregon Personnel Service, Working On-Site at Clear Pine Mouldings, Inc	Prineville, OR	September 21, 2009.
74,719	Forrest City Machine Works, Inc	Forrest City, AR	October 12, 2009.
74,869	Chestnut Ridge Group, LLLP, I.C. Supermarkets, Inc.; Leased Workers The Callos Companies and Account Temps	Latrobe, PA	November 4, 2009.
74,959	Herskovits Corporation, DBA Elram Corporation	Fall River, MA	November 23, 2009.
75,079	Thomasville Furniture Industries, Inc., Furniture Brands International, Leased Workers from Manpower, Inc	Appomattox, VA	January 14, 2011.

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
74,658	Broadview Networks	Quincy, MA	September 21, 2009.
74,798	Hewlett Packard Company, Technology Support Group; Including Virtual Workers Reporting to this Location	Farmington Hills, MI	October 8, 2009.
74,871	International Business Machines (IBM), Global Technology Services Delivery Division; Production Control, etc	Oklahoma City, OK	November 12, 2009.
74,903	Time Insurance Company (Assurant Health), IT; Leased Workers from Capgemeni	Miami, FL	November 18, 2009.
74,975	Digital River Education Services, Inc., Digital River, Inc.; Leased Workers of Serenity Staffing, Accountemps, etc	Austin and Dallas, TX	December 7, 2009.
74,992	SuperMedia, LLC, Quality Assurance Software Testing Division; Leased Workers Advantage, etc	D/FW Airport, TX	December 13, 2009.
75,016	Faurecia, Emissions Control Technologies Division	Dexter, MO	February 6, 2011.
75,057	Allstate Insurance Company, Technology and Operations Infrastructure Services; Leased Workers UST; etc	Irving, TX	December 29, 2009.
75,073	Thomson Reuters, Healthcare and Science Division; Leased Workers from Adecco	Philadelphia, PA	January 6, 2010.
75,087	International Business Machines (IBM), Integrated Technology, Storage Management, Teleworkers	Glendale, San Jose, and San Ramon, CA	December 22, 2009.
75,087A	International Business Machines (IBM), Integrated Technology, Storage Management, Teleworkers	Smyrna, GA	December 22, 2009.
75,087B	International Business Machines (IBM), Integrated Technology, Storage Management, Teleworkers	Des Moines, IA	December 22, 2009.
75,087C	International Business Machines (IBM), Integrated Technology, Storage Management, Teleworkers	Bethesda, MD	December 22, 2009.
75,087D	International Business Machines (IBM), Integrated Technology, Storage Management, Teleworkers	Charlotte, NC	December 22, 2009.
75,089	Startek USA, Inc	Alexandria, LA	January 10, 2010.
75,117	Acuity Brands Lighting, Inc., Acuity Brands, Inc.; Leased Workers Express Employment Professionals, etc	Austin, TX	January 18, 2010.
75,124	Imation Corporation, Leased Workers of Express Employment Professionals	Weatherford, OK	January 19, 2010.
75,132	NIOXIN Research Laboratories, Inc., Proctor & Gamble; Leased Workers Selectsource Staffing, etc	Lithia Springs, GA	December 31, 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
74,260	XPEDX, International Paper Company; Leased Workers from Manpower	Livonia, MI	May 26, 2009.
75,013	Cable Consultants, Inc., d/b/a Black Box Network Services, On Site At Hewlett Packard, Tek Systems	Corvallis, OR	November 12, 2009.

The following certifications have been issued. The requirements of section 222(f) (firms identified by the International Trade Commission) of the Trade Act have been met.

TA-W No.	Subject firm	Location	Impact date
74,666	Goodyear, Wingfoot Commercial Tire	Portland, OR	June 25, 2008.

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
74,956	Riverside Furniture Company, Retail Store Division	Rogers, AR
74,956A	Riverside Furniture Company, Retail Store Division	North Little Rock, AR

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
74,653	Unicare, WellPoint, Inc	Plano, TX
74,733	Xpedite Systems, LLC, Easylink Services International Corporation	Deerfield Beach, FL
74,870	International Business Machines (IBM), Global Technology Services, SSO Band Support Capital One	Plano, TX

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 website, 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
75,046	Macsteel Service Centers USA	Liverpool, NY

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
75,098	IBM	Research Triangle Park, NC

I hereby certify that the aforementioned determinations were issued during the period of January 24, 2011 through January 28, 2011. 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: February 2, 2011.

Elliott S. Kushner,

Certifying Officer, Office of Trade Adjustment Assistance.