2011-9842. Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance  

  • 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 April 4, 2011 through April 8, 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 Start Printed Page 22731domestic 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 firmLocationImpact date
    74,976Armstrong World Industries, Armstrong Building Products Division, Including An On-Site ContractorBeaver Falls, PADecember 7, 2009.
    75,081Crawford Furniture Manufacturing CorporationJamestown, NYJanuary 7, 2010.
    75,092Jacobson Hat Company, Inc.Scranton, PAJanuary 7, 2010.
    75,093Yakama Forest Products, The Tribes of the Yakama Nation-Tribal EnterpriseWhite Swan, WAJanuary 12, 2010.
    75,143Alliance Group Technologies Company Kokomo, IncPeru, INJanuary 26, 2010.
    75,194Weyerhaeuser NR Company, Ilevel Zwolle Veneer DivisionZwolle, LAFebruary 7, 2010.
    75,195Ilevel By Weyerhaeuser, Human Resources DivisionAlbany, ORFebruary 7, 2010.
    75,195AIlevel By Weyerhaeuser, Human Resources DivisionIdabel, OKFebruary 7, 2010.
    75,195BIlevel By Weyerhaeuser, Human Resources DivisionCosmopolis, WAFebruary 7, 2010.
    75,195CIlevel By Weyerhaeuser, Human Resources DivisionFederal Way, WAFebruary 7, 2010.
    75,204ArcelorMittal Laplace, LLC, Leased Workers G&A Environmental Contractors, Inc. and Dynamic SecurityHarriman, TNFebruary 9, 2010.
    75,252The Goodyear Tire and Rubber Company, North American TireUnion City, TNFebruary 10, 2010.
    75,252ALeased Workers from The Hamilton-Ryker Group, LLC; Securitas, etc., Working On-Site at the The Goodyear Tire and Rubber CompanyUnion City, TNFebruary 10, 2010.
    75,254Cima Labs, Manufacturing Operations, Cephalon Inc., Leased Workers Aerotek Science, etcEden Prairie, MNFebruary 11, 2010.
    75,267AK Steel Corporation, Ashland Works Coke PlantAshland, KYFebruary 11, 2011.
    75,307BSH Home Appliances Corporation, Laundry Factory, Tesi Staffing and Employee Screening ServicesNew Bern, NCFebruary 14, 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 firmLocationImpact date
    74,723Oracle America, Inc., Oracle Corporation, Order-to-Cash Strategy and Operations DivisionBroomfield, COOctober 8, 2009.
    74,954VCustomer Corporation, Including Tele-Workers Reporting to Kirkland, WashingtonKirkland, WANovember 30, 2009.
    75,023Chrysler Group, LLC, Power Train Div., Mack Avenue Engine Plant #1, Caravan KnightDetroit, MIDecember 5, 2010.
    75,036Panasonic Corporation of North America, Business Operations GroupRolling Meadows, ILNovember 22, 2009.
    75,096Hilton Worldwide, Memphis Operations, Brands & Commercial Services Divisions, etcMemphis, TNJanuary 12, 2010.
    75,096AHilton Worldwide, Brands & Commercial Services Divisions, etcMclean, VAJanuary 12, 2010.
    75,096BHilton Worldwide, Brands & Commercial Services Divisions, etcAddison, TXJanuary 12, 2010.
    75,169Elkay ManufacturingOgden, UTFebruary 1, 2010.
    75,224Tetra Pak Gable Top Systems, Inc., A Subsidiary of Tetra Pak, IncMinneapolis, MNDecember 11, 2010.
    75,253Hewlett Packard Company, CASS Volume Operations DivisionOmaha, NEFebruary 11, 2010.
    75,256Cooper Standard Automotive, IncNew Lexington, OHFebruary 2, 2010.
    75,276Associated Tube USA, Leased Workers from Manpower and Advance StaffingElizabethtown, KYFebruary 14, 2010.
    75,286Moulton Logistics Management, Call Center Services, Select Staffing, Accountabilities & BarringtonVan Nuys, CAFebruary 11, 2010.
    75,303Gildan USA, Inc., Retail Sales Div., Off-Site Workers Reporting to Charleston, SC from KYCharleston, SCFebruary 14, 2010.
    Start Printed Page 22732

    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 firmLocationImpact date
    75,218International Automotive Components, North America, Personnel and CJR Solutions D/B/A Harvard Resources SolutionsLebanon, PAFebruary 9, 2010.
    75,243Ansley, Inc., Including Off-Site Workers in Idaho and WashingtonBonners Ferry, IDFebruary 10, 2010.
    75,263Macsteel Service Centers USA, Inc., Eastern DivisionLiverpool, NYFebruary 11, 2010.

    The following certifications have been issued. The requirements of Section 222(c) (downstream producer for a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met.

    TA-W No.Subject firmLocationImpact date
    75,042Allied Systems, Ltd, AKA Allied Automotive Group, Allied Systems HoldingJanesville, WIDecember 15, 2009.

    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 firmLocationImpact date
    74,898Fry Communications, Inc., Heat Set Press DepartmentMechanicsburg, PA
    74,905International Union UAW Local 735, Working on Site at General Motors Willow Run Powertrain, etcYpsilanti, MI
    75,020John Hancock Life Insurance Company (USA), Long Term Care DivisionMilwaukee, WI
    75,041Lockheed Martin, Mission Systems & Sensors, Leased Workers DCR and Caribou ThunderEagan, MN
    75,214Foodswing, Inc.Cambridge, MD
    75,221World Color (USA), LLC, World Color (USA) Corp., Quad Graphics, Inc., Leased Premium Personnel, etcLebanon, OH

    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 firmLocationImpact date
    74,982vCustomer CorporationKirkland, WA

    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 firmLocationImpact date
    75,279Hewlett Packard Company, Enterprise Storage and Networks, Supply Chain DivisionRoseville, CA
    75,289American Food and Vending, Working On-Site at Goodyear TireUnion City, TN

    I hereby certify that the aforementioned determinations were issued during the period of April 4, 2011 through April 8, 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 tofoiarequest@dol.gov. These determinations also are available on the Department's Web site at http://www.doleta.gov/​tradeact under the searchable listing of determinations.

    Start Signature

    Dated: April 13, 2011.

    Michael W. Jaffe,

    Certifying Officer, Office of Trade Adjustment Assistance.

    End Signature End Preamble

    [FR Doc. 2011-9842 Filed 4-21-11; 8:45 am]

    BILLING CODE 4510-FN-P

Document Information

Published:
04/22/2011
Department:
Employment and Training Administration
Entry Type:
Notice
Document Number:
2011-9842
Pages:
22730-22732 (3 pages)
PDF File:
2011-9842.pdf