2017-02768. 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 2, 2017 through January 13, 2017.

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 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(b) 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(e) 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) not withstanding 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
91,801	Allegheny Ludlum LLC, ATI Flat Rolled Products Technical Center, Allegheny Technologies Inc	Natrona Heights, PA	May 12, 2015.
92,013	The Fenton Art Glass Company	Williamstown, WV	June 18, 2016.
92,441	Collins Pine Company, formerly Collins Management Company, Lakeview Sawmill Division, etc	Lakeview, OR	November 21, 2015.
92,457	Celestica, LLC, Celestica, Inc., Adecco	Ontario, CA	December 1, 2015.

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
91,016	Lattice Semiconductor Corporation, Research and Development Division, Operations Division, etc	Hillsboro, OR	October 2, 2014.
91,825	Mondelez International Global LLC, 3Sixty Global Services Inc., ABM Inc. of Cook Coun, etc	East Hanover, NJ	April 25, 2015.
92,101	Integrated Manufacturing and Assembly, Comer Holdings & Lear Corporate, VetBuilt	Highland Park, MI	August 9, 2015.
92,299	American Express Travel Related Services Company, Inc., Global Servicing Network (GSN)—Prepaid Servicing & Ops. Department, etc	Salt Lake City, UT	October 4, 2015.
92,415	International Business Machines Corporation (IBM), IBM Analytics, DKJA, TIMA and MYGA Departments	Somers, NY	November 14, 2015.
92,446	Sanofi-Aventis US, LLC, Industrial Affairs Division, Sanofi, Pro-Unlimited	St. Louis, MO	November 23, 2015.
92,449	Apria Health LLC, Apria Healthcare Group Inc., Medical Billing Department, etc	Overland Park, KS	June 28, 2016.
92,474	International Business Machines Corporation (IBM), Global Technology Services (GTS), Citrix Support, etc	Armonk, NY	December 8, 2015.
92,483	Avant Technology Inc., All Components, Inc., FJC Personnel, LLC	Pflugerville, TX	December 9, 2015.

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) (employment decline or threat of separation) of section 222 has not been met.

TA-W No.	Subject firm	Location	Impact date
92,225	Fabick Cat, Formerly Known as Fabco	Negaunee, MI

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
92,173	Excelligence Learning Corp., Environments Division	Beaufort, SC
92,249	2Wire, Inc. (ARRIS Customer Care), ARRIS Group, Inc., Volt Workforce Solutions	San Antonio, 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 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
92,517	T-R Associates, Inc	Archibald, PA
92,541	Bank Mobile, Division of Customers Bank, Inc	New Haven, CT

I hereby certify that the aforementioned determinations were issued during the period of January 2, 2017 through January 13, 2017. These determinations are available on the Department's Web site https://www.doleta.gov/​tradeact/​taa/​taa_​search_​form.cfm under the searchable listing determinations or by calling the Office of Trade Adjustment Assistance toll free at 888-365-6822.

Signed at Washington, DC this 16th day of January 2017.

Hope D. Kinglock,

Certifying Officer, Office of Trade Adjustment Assistance.