2013-11469. Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
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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 22, 2013 through April 26, 2013.
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 Start Printed Page 28635
(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 82,420 Owens-Brockway Glass Container Inc., Plants 18, 19 and 76, Owens-Brockway Packaging, Inc Brockport, PA January 30, 2012. 82,619 Connextions Olympus Program, A Division of Connextions, Inc Concord, NC April 1, 2012. 82,632 Mass Design, Incorporated, Fabrication Department Nashua, NH April 1, 2012. 82,648 Salem Vent International, Inc., Action Personnel and Lingo Staffing Salem, VA April 10, 2012. 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 82,416 Xerox Corporation, Content Development and Language Services North America, Filter and Adecco Wilsonville, OR February 4, 2012. 82,416A Xerox Corporation, Content Development and Language Services North America, Genuent, etc Webster, NY February 4, 2012. 82,457 Russell Brands, LLC, Russell Athletic Division, Fruit of the Loom Alexander City, AL February 12, 2012. 82,467 Deltacraft Buffalo, NY February 8, 2012. 82,502 Pfizer—Rouses Point, Pfizer Global Supply Rouses Point, NY March 22, 2013. 82,502A Leased Workers From Westaff, Working On-Site at Pfizer—Rouses Point Rouses Point, NY February 12, 2012. 82,568 Homeward Residential, Inc., Ocwen Loan Servicing, LLC, Staffmark Staffing Coppell, TX March 15, 2012. 82,568A Homeward Residential, Inc., Ocwen Loan Servicing, LLC, Staffmark Staffing Addison, TX March 15, 2012. 82,568B Homeward Residential, Inc., Ocwen Loan Servicing, LLC, Staffmark Staffing Jacksonville, FL March 15, 2012. 82,570 LexisNexis/Matthew Bender, Reed Elsevier, Finance Department, General Accounting and Royalties Charlottesville, VA March 18, 2012. 82,579 Resolute Forest Products U.S., Inc., Formerly Abitibibowater, Inc., Advantage Staffing Calhoun, TN March 19, 2012. 82,616 Methode Electronics, Inc., MST/AEC Division, Higher Plain Staffing and Unique Staffing Carthage, IL March 26, 2012. 82,636 Hologic, Inc., Breast Biopsy Solutions Indianapolis, IN April 5, 2012. 82,646 Sensata Technologies, Inc., Controls, Dimensions Business, Right Staff St. Paul, MN April 5, 2012. 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. Start Printed Page 28636
TA-W No. Subject firm Location Impact date 82,566 Solutia, Inc., Eastman Chemical Co., Inc., D.R. Plourde, Spherion, Ranstad, Sourceright Springfield, MA 82,638 New Mexico Farmers Markets Rio Rancho, NM 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 81,680 Xerox Commercial Solutions, LLC, Specialty Business Unit, Xerox Business Services, LLC Frostburg, MD. 82,380 Red Rock Medical Billing LLC, Radiology Specialist, LTD Las Vegas, NV. 82,561 Nian Hing, Inc Brooklyn, NY. 82,563 Banta Corporation, d/b/a RR Donnelley Greenfield, 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 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 82,518 Pfizer Therapeutic Research, Pfizer Worldwide Research & Development, Warner Lambert, ExecuPharm Groton, CT. I hereby certify that the aforementioned determinations were issued during the period of April 22, 2013 through April 26, 2013. 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.
Start SignatureDated: April 30, 2013.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-11469 Filed 5-14-13; 8:45 am]
BILLING CODE 4510-FN-P
Document Information
- Published:
- 05/15/2013
- Department:
- Employment and Training Administration
- Entry Type:
- Notice
- Document Number:
- 2013-11469
- Pages:
- 28634-28636 (3 pages)
- PDF File:
- 2013-11469.pdf