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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 March 5, 2012 through March 9, 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—
(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; andStart Printed Page 17527
(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 81,051 Parkdale America, LLC, Plant #24, Serve Source/Defender Services Rabun Gap, GA. February 13, 2010 81,162 Kennametal, Inc., JSCL Division Greenfield, MA April 1, 2011. 81,324 CSB Fashion Inc New York, NY February 10, 2011. 81,337 Fu Sing Fashion, Inc Brooklyn, NY February 12, 2011. 81,374 Emhart Teknologies, Emhart-Parker Kalon Plant, A Stanley Black & Decker Company Campbellsville, KY February 27, 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 81,234 Onyx Enterprises International Corporation Cranbury, NJ February 13, 2010. 81,252 Littelfuse, Inc., Corporate Resource, Aerotek Chicago, IL September 22, 2011. 81,252A Dysis and Tek, Working on-site at Littelfuse, Inc. Chicago, IL February 13, 2010. 81,306 Allstate Insurance Company, Customer Enterprise Services, Claims Services Department Irving, TX February 6, 2011. 81,308 Maxim Integrated Products, Inc., Worldwide Test Engineering Unit Hillsboro, OR February 6, 2011. 81,316 Finisar Corporation, Workforce Logic Wilmington, MA January 30, 2011. 81,320 Bose Corporation, Manufacturing Division, Randstad, Aerotek & Resource Mfg Blythewood, SC February 1, 2011. 81,330 TE Connectivity/Tyco Electronics, CIS-Datacomm Division, Kelly Services Wilsonville, OR February 10, 2011. 81,331 PerkinElmer Health Sciences, Inc., PerkinElmer, Inc., Manufacturing Division, Monroe Staffing and Adecco Shelton, CT February 14, 2011. 81,336 Bureau Veritas, Consumer Product Services, Inc., Superior Group-Global Headquarters Taunton, MA February 14, 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 firm Location Impact date 81,299 Kohler Co., Malvern Division, Manpower Staffing Malvern, AR February 6, 2011. 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 81,094 Mphasis Corporation, Mphasis Corporation New York, NY. 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 80,464 Brunswick Bowling & Billiards (Corp), Billiards Division, Brunswick Corporation Lake Forest, IL. 80,524 Omtron USA LLC d/b/a Townsends, Omtron LTD, Mocksville Division, wages reported under Crestwood Farms LLC Mocksville, NC. Start Printed Page 17528 81,106 International Business Machines, Optim Data & Warehousing Tools Organization San Francisco, CA. 81,133 Grifols Therapeutics, Inc., Formerly Known as Talecris Biotherapeutics, Inc. Research Triangle Park, NC. 81,282 International Paper Company, Container The Americas Div., Manpower El Paso, TX. 81,287 American Woodmark Corporation Moorefield, WV. 81,305 Zurn Industries, LLC, Rexnord Industries, Adecco and Express Personnel Falconer, NY. 81,332 American Apparel, Inc. Fort Deposit, AL. 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 81,044 FabSol, LLC, Staff Partners Cadiz, KY. 81,161 Emlinq LLC Simi Valley, CA. 81,256 Verizon Business Networks, Inc Ashburn, VA. 81,326 European Touch Milwaukee, WI. 81,388 Header Products, Inc Romulus, MI. I hereby certify that the aforementioned determinations were issued during the period of March 5, 2012 through March 9, 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 of Office of Trade Adjustment Assistance toll-free at 888-365-6822.
Start SignatureDated: March 16, 2012.
Michael. W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-7158 Filed 3-23-12; 8:45 am]
BILLING CODE 4510-FN-P
Document Information
- Published:
- 03/26/2012
- Department:
- Employment and Training Administration
- Entry Type:
- Notice
- Document Number:
- 2012-7158
- Pages:
- 17526-17528 (3 pages)
- PDF File:
- 2012-7158.pdf