2011-7154. 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 February 7, 2011 through February 11, 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
74,432	D-Tech USA LLC	Plano, TX	July 23, 2009.
74,652	Gentry Mills, Inc	Albemarle, NC	August 28, 2010.
74,730	Roseburg Forest Products, Sawmill Division	Dillard, OR	September 30, 2009.
74,783	Louisville Bedding Company	Munfordville, KY	October 18, 2009.
74,783A	Louisville Bedding Company	Ontario, CA	October 18, 2009.
74,783B	Louisville Bedding Company	Louisville, KY	October 18, 2009.
74,919	Severstal International, Leased Workers Echelon Service Company, Sun Associated Industries, Inc.; etc	Sparrows Point, MD	November 22, 2009.
74,998	Temple-Inland	Scranton, PA	December 3, 2009.

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
74,437	Deloitte Services, LP, A Subsidiary of Deloitte LLP; Leased Workers Appleone and Adecco	Wilton, CT	July 28, 2009.
74,650	Probuild Company, LLC, Probuild Holdings LLC; North East Division; NJ/PA Outside Sales, etc.	Cherry Hill, NJ	September 22, 2009.
74,809	Diversey Equipment/Beta Technology, Diversey, Inc.; Leased Workers of Manpower	Santa Cruz, CA	October 20, 2009.
74,847	Dell Healthcare Services, Blue Cross Blue Shield Rhode Island Account; Leased Workers, etc	Providence, RI	October 20, 2009.
74,950	Navistar, Inc., Navistar International Corporation, Including Leased Workers	Springfield, OH	November 29, 2009.
74,968	Brady Corporation, Leased Workers from Aerotek	Brooklyn Park, MN	December 6, 2009.
74,994	The Travelers Indemnity Company, Personal Insurance Operations Division	Houston, TX	December 14, 2009.
74,995	Bush Industries, Inc., Leased Workers from Express Employment Professionals	Erie, PA	December 10, 2009.
74,999	Central Maine Healthcare Corporation, Medical Transcriptionist Working from their Homes In Maine	Lewiston, ME	November 30, 2009.
75,009	The UBS Group, a Div. of UBS AG, Corp. Center Div., Group Tech, etc	Stamford, CT	December 15, 2009.
75,009A	The UBS Group, a Div. of UBS AG, Corp. Center Div., Group Tech, etc	Chicago, IL	December 15, 2009.
75,009B	The UBS Group, a Div. of UBS AG, Corp. Center Div., Group Tech, etc	New York, NY	December 15, 2009.
75,051	American Express Company, Sales Settlement Reconciliation Team, Leased Workers Kelly Services, etc	Salt Lake City, UT	December 28, 2009.
75,095	InterMetro Industries Corporation, Emerson Electric Corporation; Leased Workers Onesource Staffing, etc	Wilkes-Barre, PA	January 12, 2010.
75,100	STEC, Inc., Manufacturing Division	Santa Ana, CA	November 26, 2010.
75,115	Accenture LLP, Corporate Functions Finance; Chicago Metro Locations	Chicago, IL	January 18, 2010.
75,134	Veyance Technologies, Inc	Lincoln, NE	February 10, 2011.
75,134A	Leased Workers From Adecco Employment Services, etc., Working On-Site at Veyance Technologies, Inc	Lincoln, NE	February 10, 2011.
75,139	Somanetics Corporation, Covidien; Leased Workers of Aerotek and Critech Research	Troy, MI	January 24, 2010.
75,139A	Somanetics Corporation, Covidien; Leased Workers of Aerotek and Critech Research	Gainsville, FL	January 24, 2010.

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
74,755	Oak Level Furnishing and Repair	Martinsville, VA	September 25, 2009.
74,908	Continental Structural Plastics, Leased Workers from Time Staffing and Kelly Services	North Baltimore, OH	January 1, 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
74,835	Euchre Mountain Logging, Inc.	Condon, MT.

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
74,182	Chicago Packaging Company, Now known as 1855 LLC, DBA Chicago Packaging Company	Chicago, IL.
74,315	Rich Products Corporation, R E Rich Family Holding Corporation	Buffalo, NY.
74,868	Ameritech Publishing, Inc., AT&T, Inc.	Livonia, MI.
74,936	Teleperformance USA	Akron, OH.
75,000	Harley-Davidson Motor Company Operations, Inc., Powertrain Operations Division, Corporate Office—Juneau Avenue	Milwaukee, WI.
75,000A	Harley-Davidson Motor Company Operations, Inc., Powertrain Operations Division, Corporate Office, Franklin Distribution	Franklin, WI.
75,000B	Harley-Davidson Motor Company Operations, Inc., Powertrain Operations Division, Corporate Office, Pilgrim Road	Menomonee Falls, WI.
75,000C	Harley-Davidson Motor Company Operations, Inc., Powertrain Operations Division, Corporate Office, etc	Wauwatosa, WI.
75,034	East Jefferson General Hospital, Home Medical Transcriptionist From Mississippi and Louisiana	Metairie, LA.
75,072	New NGC, Inc. DBA National Gypsum Company, Headquarters	Charlotte, NC.
75,072A	NGC Shared Services, Headquarters	Charlotte, NC.
75,090	Wausau Daily Herald, Advertising Production Division, Gannett Co., Inc	Wausau, WI.
75,091	Hotels.com, Finance	Dallas, TX.
75,160	ITR Concession Company, LLC, Leased Workers from Express Employment Professionals	Granger, IN.

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 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 firm	Location	Impact date
73,898	General Electric Company, Transportation Division	Erie, PA.
74,469	Deloitte Services, LP, A Subsidiary of Deloitte LLP	Boston, MA .

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 firm	Location	Impact date
75,170	Somanentics	Troy, MI.
75,170A	Somanentics	Gainsville, FL.

I hereby certify that the aforementioned determinations were issued during the period of February 7, 2011 through February 11, 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 17, 2011.

Elliott S. Kushner,

Certifying Officer, Office of Trade Adjustment Assistance.