2013-12733. 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 May 6, 2013 through May 10, 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

(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
82,496	NewPage Corporation, Select Staffing	Miamisburg, OH	February 22, 2012.
82,496A	NewPage Wisconsin Systems, Inc., NewPage Corporation	Duluth, MN	February 22, 2012.
82,496B	NewPage Wisconsin Systems, Inc., NewPage Corporation	Stevens Point, WI	February 22, 2012.
82,496C	NewPage Wisconsin Systems, Inc., NewPage Corporation, Select Staffing	Wisconsin Rapids, WI	February 22, 2012.
82,496D	Luke Paper Company, NewPage Corporation, Select Staffing	Luke, MD	February 22, 2012.
82,496E	Rumford Paper Company, NewPage Corporation, Select Staffing	Rumford, ME	February 22, 2012.
82,496F	NewPage Wisconsin Systems, Inc., NewPage Corporation	Biron, WI	February 22, 2012.
82,496G	WickliffePaper Company, Inc., NewPage Corporation, Select Staffing	Wickliffe, KY	February 22, 2012.
82,496H	Escanaba Paper Company, NewPage Corporation	Escanaba, MI	February 22, 2012.
82,192	NAVTEQ North America, LLC	Chicago, IL	November 15, 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
82,346	Whirlpool Corporation, Aerotek/Tek Systems (Subcontractor of IBM Corporation)	Fort Smith, AR	October 7, 2012.
82,455	First Advantage Corporation, Tapfin, Staffworks, Aerotek Professional Services, Randstad, etc	St. Petersburg, FL	February 11, 2012.
82,560	Velux America, Inc., TVC Holdings, Inc.	Greenwood, SC	March 13, 2012.
82,571	LexisNexis/Matthew Bender, A Reed Elsevier, Not Including Customer Service and Fulfillment Depts	Albany, NY	March 18, 2012.
82,593	Matheson Tri-Gas, Inc., Taiyo Nippon Sanso, Electronics Division, Aerotek, Apple One, etc	Newark, CA	March 14, 2012.
82,610	Cooper Bussmann LLC, Cooper Industries, Inc., Accounts Receivable and Credit Group	Ellisville, MO	March 20, 2012.
82,631	Humana Insurance Company, Carenetwork, Inc., ASO Finance Group	De Pere, WI	April 4, 2012.
82,658	SunTrust Bank, Enterprise Information Services, MDI Group, Teksystems, Insight Global	Richmond, VA	April 12, 2012.
82,665	William Arthur, Inc., Manpower	West Kennebunk, ME	April 17, 2012.
82,682	Aclara Technologies LLC, Esco Technologies, Integrity Staffing, Manpower, etc	Solon, OH	April 22, 2012.
82,692	ADP Workscape, Inc., ADP Inc., Aerotek	Meridian, ID	April 24, 2012.
82,693	Dresser Masoneilan Massachusetts Operation, An Effiliate of General Electric	Avon, MA	November 20, 2012.
82,699	Medline Industries, Inc	Clearwater, FL	October 23, 2012.
82,701	Pfizer, Inc., Surveillance Testing Group Pfizer Global Supply, Makro Technologies, etc	Groton, CT	May 1, 2012.
82,702	Electrolux Home Care Products, Inc., Electrolux Major Appliances, Electrolux North America, Inc	Webster City, IA	February 16, 2013.
82,702A	Leased Workers From Cornerstone, Electrolux Home Care Products, Inc	Webster City, IA	April 29, 2012.

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
82,621	Lionbridge Technologies, Hewlett Packard Image Printer Group, Hewlett-Packard Company	Vancouver, MA	March 15, 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 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
82,241	Alcoa Automotive, Indiana Assembly & Fabricating Center, Inc., IQ Navigator, Inc	Auburn, IN.
82,258	Premier Silica LLC	Glenford, OH.
82,381	BorgWarner Morse TEC, including On-Site Leased Workers from Manpower	Cortland, NY.
82,381A	BorgWarner Morse TEC, 800 Warren Road	Ithaca, NY.
82,381B	BorgWarner Morse TEC, 780 Warren Road	Ithaca, NY.
82,466	Cinetech, Deluxe Laboratories, Inc., UI Wages Reported through Deluxe Media Services	Valencia, CA.
82,592	JP Morgan Chase and Company, Community and Consumer Banking Division, Centralized Transaction Operations	Los Angeles, CA.

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 USC 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
82,669	U.S. Textile Corporation	Newland, NC.
82,710	Ochin, Inc.	Portland, OR.

The following determinations terminating investigations were issued in cases where these petitions were not filed in accordance with the requirements of 29 CFR 90.11. Every petition filed by workers must be signed by at least three individuals of the petitioning worker group. Petitioners separated more than one year prior to the date of the petition cannot be covered under a certification of a petition under Section 223(b), and therefore, may not be part of a petitioning worker group. For one or more of these reasons, these petitions were deemed invalid.

TA-W No.	Subject firm	Location	Impact date
82,714	Kim Lighting, Hubbell Lighting, Inc	Ontario, CA.

The following determinations terminating investigations were issued because the petitions are the subject of ongoing investigations under petitions filed earlier covering the same petitioners.

TA-W No.	Subject firm	Location	Impact date
82,521	NewPage Wisconsin Systems, Inc., Newpage Corporation	Duluth, MN.

I hereby certify that the aforementioned determinations were issued during the period of May 6, 2013 through May 10, 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.

Dated: May 16, 2013.

Elliott S. Kushner,

Certifying Officer, Office of Trade Adjustment Assistance.