2011-8495. 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 March 21, 2011 through March 25, 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
74,748	Anderson Hardwood Floors, LLC, Shaw Industries Group, Inc., 07, Hard Surfaces Division	Patten, ME	September 29, 2009.
74,796	Eagle Cap Campers, Inc	La Grande, OR	October 29, 2009.
75,008	Weyerhaeuser NR, Choicewood Division	Titusville, PA	December 8, 2009.
75,014	Fairchild Semiconductor, Leased Workers from Manpower Professional	South Portland, ME	November 9, 2010.
75,049	The Buckstaff Company, Oshkosh Industries, Inc	Oshkosh, WI	December 28, 2009.
75,082	Simmons Manufacturing Company, LLC, Juvenile Division	Neenah, WI	January 7, 2010.
75,097	Fraser Timber Limited, Fraser Papers, Inc	Ashland, ME	December 14, 2009.
75,130	FTCA, Inc., Also Known As Fleetwood Folding Trailers, Inc	Somerset, PA	January 21, 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 firm	Location	Impact date
74,961	Pfizer, Wyeth Pharmaceuticals, Pfizer Global, Leased Workers Westaff, Kelly Service	Rouses Point, NY	December 2, 2010.
74,961A	Pfizer, Wyeth Pharmaceuticals, Pfizer Research Division	Chazy, NY	December 2, 2010.
74,993	Baxter Healthcare Corporation, Baxter International, Inc.; Leased Workers Aerotek and Kelly Services	Beltsville, MD	December 13, 2009.
75,069	Reliance Globalcom Services, Inc., Yipes Holding, Inc.	Denver, CO	December 28, 2009.
75,145	Volvo Group North America, LLC, Volvo Information Technology, AB Volvo, Leased Workers Ajilon, Andreas, etc	Greensboro, NC	January 27, 2010.
75,146	Berkley Surgical Company	Uniontown, PA	January 26, 2010.
75,163	Capgemini America, Inc., Capgemini NA; MIS Div.; Leased Workers Advanced Programming Group, etc	Chicago, IL	January 31, 2010.
75,163A	Capgemini America, Inc., Capgemini NA; MIS Div.; Leased Workers Advanced Programming Group, etc	New York, NY	January 31, 2010.
75,182	Union Apparel, Inc	Norvelt, PA	November 27, 2010.
75,186	Stanley Black & Decker, Customer DIY Div.; North Campus; Leased Workers Personnel Placements LLC, etc	Jackson, TN	February 7, 2010.
75,188	Dell Services, CHPW Account, Workers Wages Reported Under Transaction Applications Group	Tulsa, OK	February 7, 2010.
75,232	The Travelers Indemnity Company, Travelers Companies, Inc.; Personal Insurance Div.; Customer Sales and Service	Knoxville, TN	February 10, 2010.
75,234	Stanley Black & Decker, Inc., CDIY Division, Leased Worker from Personnel Placements	Jackson, TN	February 8, 2010.
75,293	Caraustar Industries, Inc., Corporate Division, Information Technology, etc., Leased Workers Manpower	Austell, GA	February 14, 2010.
75,299	Thomson Reuters, Business Compliance & Knowledge Solutions Div., Leased Workers Adecco USA	Forth Worth, TX	February 14, 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
75,001	Means Industries, Inc., Amsted Industries, Leased Workers of Kelly Services, Inc.	Saginaw, MI	December 15, 2009.
75,083	Chrysler LLC, Powertrain Division	Detroit, MI	January 13, 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 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
74,819	Analog Devices, Inc., Corporate Headquarters	Norwood, MA
74,935	Husqvarna Turf Care, Husqvarna A.B.	Beatrice, NE
74,966	Jerr-Dan Corporation, An Oshkosh Corporation, Fire and Emergency Division	Greencastle, PA
75,011	AJW Merchants, Inc. (AJW), TJX Companies, Leased Workers from Advanced Career Services	Fall River, MA
75,159	BAE Systems, Land and Armaments, U.S. Combat Systems, Leased Workers of Spherion	Lemont Furnace, PA
75,248	All Clad Metalcrafters, LLC, Groupe SEB, Warehouse Division	Canonsburg, PA
75,273	Harsco Rail	Fairmont, MN

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
75,088	Rieck Mechanical	Dayton, OH

I hereby certify that the aforementioned determinations were issued during the period of March 21, 2011 through March 25, 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: April 1, 2011.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.