2011-9168. 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 28, 2011 through April 1, 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
74,817	Kidde-Fenwal, UTC Fire and Security, Davis, Account Temps, Kelly, John, Winter	Ashland, MA	November 1, 2009.
74,955	Canal Sportswear, Inc.	New York, NY	November 22, 2009.
75,157	Smethport and Lauri Toys, Patch Products, Inc., On-Site Leased Workers from Adecco Employment Service	Smethport, PA	January 28, 2010.
75,208	Apex Industries, Inc., Labor Finders/LF Staffing and Labor Ready	Spokane Valley, WA	February 8, 2010.
75,209	Raxon Fabrics, Vescom North America, Inc.	Allentown, PA	February 28, 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
74,927	Pfizer, Inc., Pfizer Global Manufacturing, Pfizer Research and Development, etc	Pearl River, NY	October 26, 2009.
75,012	Research In Motion Limited, Former Workers from Dataviz, Inc	Milford, CT	December 16, 2009.
75,077	Dama Jewelry Technology, Leased Workers From Vincent Porcaro, Inc. and Coworx Staffing Services	Johnston, RI	January 7, 2010.
75,198	ACS Outsourcing Solutions, Inc., A Xerox Company	Pittsburgh, PA	February 8, 2010.
75,210	PricewaterhouseCoopers LLP, Human Resources Shared Services Center, Talent Acquisition Associates, etc	Tampa, FL	February 8, 2010.
75,258	Kaz, Inc	Hudson, NY	September 20, 2010.
75,261	Highmark West Virginia, Inc., Health Plan Operations, Workers Working from Their Homes in WV and OH	Parkersburg, WV	February 11, 2010.
75,288	AT&T Operations, Inc., ABS-GCS Managed Services, GM/GMAC Account, Zerochaos, Allegis Group	Detroit, MI	February 11, 2010.
75,301	Springs Global US, Inc., Grace Complex, Springs Global Participacoes, Defender Industries	Lancaster, SC	February 14, 2010.
75,301A	Springs Global US, Inc., Riverlawn Distribution Center, Springs Global Participacoes, Defender	Fort Lawn, SC	February 14, 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 firm	Location	Impact date
75,199	Dell USA LP, Dell, Inc. Identity and Directory Services—Account Mgt	Round Rock, TX.
75,251	JPMorgan Chase and Company, Treasury and Securities, Core Cash Group, Receivable Technology (IT)	Fort Worth, TX.

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
74,738	Bombardier Mass Transit Corporation, Overhaul Division	Bath, NY.
74,765	Patriot Antenna Systems, Inc., Cobham PLC	Albion, MI.
75,197	Regence Blue Cross Blue Shield of Utah, IT, KForce, Inc., Personnel Source, and IBM	Salt Lake City, UT.
75,240	International Business Machines (IBM), GTS NA West IMT Region Maintenance and Technical Support	Milwaukee, WI.
75,264	City of Firsts Community Federal Credit Union, South Branch	Kokomo, IN.

I hereby certify that the aforementioned determinations were issued during the period of March 28, 2011 through April 1, 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 website at http://www.doleta.gov/​tradeact under the searchable listing of determinations.

Dated: April 8, 2011.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.