2012-3924. Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance  

  • Start Preamble

    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 30, 2012 through February 3, 2012.

    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—Start Printed Page 9971

    (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 firmLocationImpact date
    80,456Woodinville Lumber, IncWoodinville, WASeptember 15, 2010.
    80,530The Timken Company, Altavista Bearing Plant, 2M, PIC and AdeccoAltavista, VAOctober 18, 2010.
    81,015Pageland Screen Printers, IncPageland, SCFebruary 13, 2010.
    81,020Turner & Seymour Manufacturing CompanyTorrington, CTFebruary 13, 2010.
    81,021Bayer Cropscience, LP, Leased Workers: Jacobs PSG, Middough Assoc, Adecco, CDI, Becht, etcInstitute, WVFebruary 13, 2010.
    81,022Apex Tool Group, Campbell Chain Division; On-site Leased Workers from AdeccoYork, PAFebruary 13, 2010.
    81,060Rodney Hunt CompanyOrange, MAFebruary 13, 2010.
    81,073RadiciSpandex CorporationTuscaloosa, ALFebruary 13, 2010.
    81,073ARadiciSpandex CorporationGastonia, NCFebruary 13, 2010.
    81,114PlumChoice, Inc., Balance Staffing and Insight Global StaffingScarborough, MEFebruary 13, 2010.
    81,167American Lighting Fixture Corporation, d/b/a Wilshire ManufacturingTaunton, MAFebruary 13, 2010.
    81,196Microfibres, Inc., Rhode Island Operations DivisionPawtucket, RINovember 5, 2011.
    81,197Hanes Dye & Finishing Company, Butner, Branch 0314, Hanes Co., Leggett & Platt, Hal Muetzel-Express, etcButner, NCSeptember 12, 2010.
    81,200Wausau Paper, Brokaw Mill (Including On-Site Leased Workers from ABR Employment Services)Brokaw, WIFebruary 13, 2010.
    81,212Sunshine 368, IncCorona, NYFebruary 13, 2010.
    81,214Peninsula Plywood Group, LLCPort Angeles, WAFebruary 13, 2010.
    81,221J&M ManufacturingEl Paso, TXFebruary 13, 2010.
    81,233Clarcor Air Filtration ProductsCampbellsville, KYOctober 7, 2011.
    81,248Burke Hosiery Mills, IncHickory, NCFebruary 19, 2012.
    81,260Cinram Distribution, LLC, Cinram International Income Fund; Good PeopleAurora, ILJanuary 20, 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 firmLocationImpact date
    80,371PAETEC, f/k/a Cavalier Telephone; Palm Harbor DivisionPalm Harbor, FLAugust 12, 2010.
    80,439Yahoo! IncHillsboro, ORSeptember 15, 2010.
    80,502Lexis Nexis, Quality & Metrics DivisionMiamisburg, OHOctober 6, 2010.
    81,166AVX Corporation, Myrtle Beach ComplexMyrtle Beach, SCJanuary 6, 2012.
    81,166AAVX Corporation, Myrtle Beach Complex, IHT and Huff ConsultingConway, SCJanuary 6, 2012.
    81,174Charles Navasky & Co., Inc., d/b/a Don Mart Clothes, IncPhilipsburg, PAFebruary 13, 2010.
    81,181Bosch Security Systems, IncMorrilton, ARFebruary 13, 2010.
    81,195Boston ScientificMiami, FLFebruary 27, 2012.
    81,202TE Connectivity, Medical Division Customer Service UnitWilsonville, ORFebruary 13, 2010.
    81,209Aplegen, Inc., Including workers whose wages were reported thru TriNetGoleta, CAFebruary 13, 2010.
    81,220Aetna International, Inc., Aetna Global Benefits, Including on-site leased workers from ProcureStaffTampa, FLFebruary 13, 2010.
    81,230ExpressPoint Technology Services, Inc., Operations Division, Ajilon Staffing, Aerotek Staffing and Kelly ServicesMinneapolis, MNFebruary 13, 2010.
    81,232Image Scan, LLC, TE ConnectivityEast Providence, RIFebruary 13, 2010.
    81,235Danfoss , LLCArkadelphia, ARSeptember 25, 2011.
    81,241Flextronics America LLCCharlotte, NCJuly 1, 2011.
    81,244International Business Machines (IBM) Corporation, Systems & Technology, Systems Software Development, Z/OS Applications, etcPoughkeepsie, NYFebruary 13, 2010.
    81,246Peacehealth St. Joseph Medical Centers, Whatcom Region, Transcription Services DivisionBellingham, WAFebruary 13, 2010.
    81,258DTC Communications, Inc., Subsidiary of Cobham SurvellianceNashua, NHFebruary 13, 2010.
    Start Printed Page 9972
    81,266Wells Manufacturing, L.PFond du Lac, WIJanuary 24, 2011.
    81,267Kimball Electronics Tampa, Inc., Kimball Electronics, IncTampa, FLJanuary 25, 2011.

    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 firmLocationImpact date
    81,210Verso Paper CorporationSartell, MNFebruary 13, 2010.
    81,238Westark Diversified Enterprises, Whirlpool Cost CenterVan Buren, ARFebruary 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 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 firmLocationImpact date
    81,134Bosley, Inc. f.k.a. Bosley Medical InstituteBeverly Hills, CA
    81,154Automotive Components Holdings, LLCSandusky, OH
    81,154AAutomotive Components HoldingsBellevue, OH

    The investigation revealed that the criteria under paragraphs (a)(2)(A)(i) (decline in sales or production, or both) and (a)(2)(B) (shift in production or services to a foreign country) of section 222 have not been met.

    TA-W No.Subject firmLocationImpact date
    81,152Bristol Compressors International, IncBristol, VA

    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 firmLocationImpact date
    80,457Northpoint Precision, Inc., Northpoint Holding CorporationManistee, MI
    80,459Roseburg Forest Products, Composite Panels DivisionMissoula, MT
    80,485RR Donnelley, Inc., Including On-Site Leased Workers From Manpower & Kelly ServicesBloomsburg, PA
    81,096Quibids Holdings, LLCOklahoma City, OK
    81,124Asheville Drafting Services, IncAsheville, NC
    81,172Dominion Energy New England, LLCSalem, MA
    81,172ADominion Energy New England, LLCSomerset, MA
    81,205Lakeshore Visiting PhysiciansEdmore, MI

    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 firmLocationImpact date
    81,112MMICMANClearwater, FL

    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.Start Printed Page 9973

    TA-W No.Subject firmLocationImpact date
    81,188Shreveport Ramp Services, LLCShreveport, LA

    I hereby certify that the aforementioned determinations were issued during the period of January 30, 2012 through February 3, 2012. These determinations are available on the Department's Web site tradeact/taa/taa search form.cfm under the searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll-free at 888-365-6822.

    Start Signature

    Dated: February 9, 2012.

    Michael W. Jaffe,

    Certifying Officer, Office of Trade Adjustment Assistance.

    End Signature End Preamble

    [FR Doc. 2012-3924 Filed 2-17-12; 8:45 am]

    BILLING CODE 4510-FN-P

Document Information

Published:
02/21/2012
Department:
Employment and Training Administration
Entry Type:
Notice
Document Number:
2012-3924
Pages:
9970-9973 (4 pages)
PDF File:
2012-3924.pdf