2012-9246. 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 26, 2012 through March 30, 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; 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
81,237	TRG Customer Solutions, Inc.	Charleston, WV	February 13, 2010.
81,329	Somerset Foundries, Consolidated Industries, Inc.	Somerset, PA	February 14, 2011.
81,339	Asta, Inc., Augusta Staffing Agency	Waynesboro, GA	January 27, 2011.
81,379	Manpower Staffing Agency, Working On-Site at International Business Marchines (IBM)	Phoenix, AZ	February 3, 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
81,128	MedQuist/M*Modal, Teleworkers, Vaco, CSI, Robert Half, Matrix, Apex, Topnotch Teksystems, etc	Franklin, TN	February 13, 2010.
81,289	Transcom Worldwide (US) Inc., Transcom Worldwide S.A., A Luxembourg Company	Catharines Ontario Canada, L2R 7G1, LA	February 1, 2011.
81,292	Siemens Medical Solutions, USA, Inc., Oncology Care Systems (Radiation Oncology), Source Right Solutions	Concord, CA	February 1, 2011.
81,297	Samsung Information Systems America, Inc., Hard Disk Drive Lab, Secure Talent	San Jose, CA	February 3, 2011.
81,323	UBS Financial Services, Inc., UBSFS, Wealth Management Americas, WMA Operations, UBS Americas, etc	Nashville, TN	February 10, 2011.
81,338	GlaxoSmithKline LLC, Global Manufacturing and Supply Division, Manpower, Strategic Resources etc	East Durham, NY	February 15, 2011.
81,342	GrafTech International Holdings, Inc., Engineered Solutions Division	Anmoore, WV	October 23, 2011.
81,368	CitiGroup Technology, Inc. (CTI), Financial Reporting Operations, Citigroup, Inc., Adecco, Advantage, etc	Tampa, FL	February 24, 2011.
81,392	DSI-ITI, LLC, Global Tel*Link Corporation, Manpower and Professional Staffing Solutions	Altoona, PA	March 5, 2011.
81,422	Thermo Fisher Scientific Milwaukee, LLC, Molecular Biology Reagents Division	Milwaukee, WI	March 14, 2011.
81,426	Dixtal Medical, Inc, Philips Healthcare, CT Personnel Co., Randstad US	Wallingford, CT	March 16, 2011.
81,429	ICL Performance Products LP, ICL Performance Products, Inc	Carteret, NJ	March 19, 2011.
81,438	Emporia Foundry, Campbell Foundry	Emporia, VA	March 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 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
81,401	JP Morgan Chase & Co., Investment Bank-IBSO, Dividend Department	Brooklyn, NY
81,424	VF Americas Sourcing, VF Services, Inc., VF Corporation	Plantation, FL

The investigation revealed that the criteria under paragraphs (a)(2)(A)(i) (decline in sales or production, or both) 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
81,025	Dendreon Corporation, LabTemps, Ajlon and Parmalogics Recruiting	Seattle, WA.

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
81,253	Sears Holding Management Corporation, Sears Holding Corporation	Hoffman Estates, IL.
81,268	Follansbee Steel, Louis Berkman Company, Louis Berkman LLC WV	Follansbee, WV.
81,344	Creditron Financial Corporation, d/b/a Telatron Marketing Group	Erie, PA.

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
81,398	Pratt and Whitney, United Technologies Corporation, Far Group and Experimental Test Group	East Hartford, CT.

I hereby certify that the aforementioned determinations were issued during the period of March 26, 2012 through March 30, 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 the Office of Trade Adjustment Assistance toll-free at 888-365-6822.

Dated: April 5, 2012.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.