2011-5475. 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 February 14, 2011 through February 18, 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 Start Printed Page 13229a 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 firmLocationImpact date
    74,339Sitel Operating Corporation, Sitel Worldwide CorporationMemphis, TNJuly 1, 2009.
    74,713Chii, DBA Lifetime Coatings, ManpowerQuincy, ILSeptember 20, 2009.
    74,974TI Automotive, Leased Workers from Manpower, Aerotek, and SpherionChesterfield, MIDecember 5, 2009.
    75,048Premier Technical Plastics, Leased Workers from ManpowerMinden, LADecember 23, 2009.
    75,168Hearth and Home Technologies, IncColville, WAJanuary 28, 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 firmLocationImpact date
    74,745Continental Graphics Corporation, CDG Datagraphics; The Boeing Company; Leased Workers Excell and Harvey NashBellevue, WAOctober 15, 2009.
    74,751Eaton Corporation, Clutch DivisionAuburn, INOctober 6, 2009.
    74,812Heraeus Noblelight de Puerto Rico, IncCayey, PROctober 28, 2009.
    74,813Eastman Kodak Company (GCG), Electrographic Print Solutions; Leased Workers from Adecco and DatroseSpencerport, NYOctober 29, 2009.
    74,901Hawker Beechcraft Corporation, Hawker Beachcraft International SVC, Rapid Surplus Parts, etcWichita, KSNovember 11, 2009.
    75,006EMD Serono Biotech Center, Inc., EMD Serono Research Institute, On Assignment Lab Support & RandstadBillerica, MADecember 15, 2009.
    75,017Nokia, Inc., Nokia Group, ATC Logistics and ElectronicsFort Worth, TXDecember 17, 2010.
    75,039Auto-trol Technology Corporation, CoretechsWestminster, CODecember 21, 2009.
    75,058Electrolux Home Care Products, Inc., Electrolux Central Vacuum Systems; AB ElectroluxWebster City, IAFebruary 24, 2011.
    75,058AManpower, Electrolux Home Care Products, IncWebster City, IADecember 24, 2009.
    75,086Callaway Golf Company, Operations Division, Volt Services GroupCarlsbad, CAJanuary 10, 2010.
    75,094Alstyle Apparel, Ennis, IncAnaheim, CAJanuary 12, 2010.
    75,103Sun Mountain Sports, Inc., Plastic Injection Molding Division; Leased Workers from Labor ReadyMissoula, MTJanuary 11, 2010.
    Start Printed Page 13230
    75,110Propex Operating Company, LLC, Leased Workers from The Pollard Agency and PFMIHazlehurst, GAJanuary 18, 2010.
    75,111Affiliated Computer Services, Inc., Human Capital Management Colustions Unit, Xerox CorpSchaumburg, ILJanuary 18, 2010.
    75,126Blue Cross Blue Shield of North Carolina, Commercial and Government Operations Division; Leased Workers Manpower, etcDurham, NCDecember 20, 2009.
    75,137John Crane, IncCranston, RIJanuary 24, 2010.
    75,147Elkay ManufacturingBroadview, ILJanuary 28, 2010.
    75,171Dex One, West Division, Advantage XPOTucson, AZFebruary 2, 2010.
    75,171ADex One, West Division, Advantage XPOColorado Springs, Englewood, COFebruary 2, 2010.
    75,171BDex One, West Division, Advantage XPOWest Des Moines, IAFebruary 2, 2010.
    75,171CDex One, West Division, Advantage XPOMaple Grove, MNFebruary 2, 2010.
    75,171DDex One, West Division, Advantage XPOAlbuquerque, NMFebruary 2, 2010.
    75,171EDex One, West Division, Advantage XPOSpokane, Tacoma and Vancouver, WAFebruary 2, 2010.
    75,172Dex One, East Division, Advantage XPOFort Myers, Maitland and Ocala, FLFebruary 2, 2010.
    75,172ADex One, East Division, Advantage XPOArlington Heights, Chicago, Lombard, etc., ILFebruary 2, 2010.
    75,172BDex One, East Division, Advantage XPOFayetteville and Morrisville, NCFebruary 2, 2010.
    75,172CDex One, East Division, Advantage XPOLas Vegas, NVFebruary 2, 2010.
    75,172DDex One, East Division, Advantage XPOCarlisle and Dunmore, PAFebruary 2, 2010.
    75,172EDex One, East Division, Advantage XPOBristol, TNFebruary 2, 2010.
    75,176Lynx Medical Systems, Coding Services Div., Ingenix, Wages Previously Under FEIN 91-1263758Bellevue, WAFebruary 3, 2010.
    75,178Simpson Door Company, Simpson Investment CompanyMcCleary, WADecember 20, 2010.
    75,180Contract Pharmaceuticals Limited Niagra (CPL Niagra), SPS Temporaries and Imagine StaffingBuffalo, NYFebruary 4, 2010.
    75,192Core Industries, Inc., d/b/a Star Trac, Aerotek, Helpmates, Mattson & Empire StaffingIrvine, CAFebruary 8, 2010.
    75,244Carrier Air Conditioning, United Technologies Corporation, Commercial DivisionsTyler, TXJanuary 27, 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
    74,865Johnson Controls, Inc., Working On-Site at Hewlett Packard CompanyCorvallis, ORNovember 9, 2009.
    75,033Indianapolis Metal Center, General Motors, Wages Previously Under Fein 38-0572515, Aerotek etcIndianapolis, INDecember 20, 2009.
    75,227Dana Structural Manufacturing LLC, Structures Division; Leased Workers from ManpowerLongview, TXFebruary 10, 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
    75,053C. Fassinger & Sons Mfg. Co., LLCNew Castle, PA.
    75,107Hewlett Packard Company, Global Business Intelligence UnitFort Collins, CO.

    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
    73,718MedicaMinnetonka, MN.
    74,254National Carton & Coating Company, Leased Workers from CBS/StaffmarkXenia, OH.
    Start Printed Page 13231
    74,634A. H. Schreiber Company, Inc.Bristol, TN.
    74,706Busch Agricultural Resources, LLC, Anheuser-Busch, Inc.Manitowoc, WI.
    74,756Fort McDowell Yavapai Materials, Plants 1, 3 and 20Fort McDowell, AZSeptember 27, 2009.
    74,756AFort McDowell Yavapai Materials, Plants 4 and 70Buckeye, AZSeptember 27, 2009.
    74,756BFort McDowell Yavapai Materials, Plant 40Scottsdale, AZSeptember 27, 2009.
    74,756CFort McDowell Yavapai Materials, Plant 50Glendale, AZSeptember 27, 2009.
    74,756DFort McDowell Yavapai Materials, Plant 60Queen Creek, AZSeptember 27, 2009.
    74,772HEITEC, Inc., Including Workers Wages that are Reported Under Hacker Engineering, IncPalm Desert, CA.
    75,027K.W.S., Inc.Cheboygan, MI.

    The investigation revealed that the criteria under paragraphs (b)(2) and (b)(3) (public agency acquisition of services from a foreign country) of section 222 have not been met.

    TA-W No.Subject firmLocationImpact date
    74,979City of Walla Walla, Development Services DepartmentWalla Walla, 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 firmLocationImpact date
    74,853Kurz-KaschSouth Boston, VA

    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 firmLocationImpact date
    74,438Bruss North America, Inc.Orion, MI.
    74,978Western Union, LLC, Operations DivisionSt. Charles, MO.

    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 firmLocationImpact date
    75,187Dex OneMorrisville, NC.

    I hereby certify that the aforementioned determinations were issued during the period of February 14, 2011 through February 18, 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 to foiarequest@dol.gov. These determinations also are available on the Department's Web site at http://www.doleta.gov/​tradeact under the searchable listing of determinations.

    Start Signature

    Dated: March 2, 2011.

    Michael W. Jaffe,

    Certifying Officer, Office of Trade Adjustment Assistance.

    End Signature End Preamble

    [FR Doc. 2011-5475 Filed 3-9-11; 8:45 am]

    BILLING CODE 4510-FN-P

Document Information

Published:
03/10/2011
Department:
Employment and Training Administration
Entry Type:
Notice
Document Number:
2011-5475
Pages:
13228-13231 (4 pages)
PDF File:
2011-5475.pdf