2013-13658. 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 20, 2013 through May 24, 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
82,474	Ames True Temper, Inc., Griffon Corporation, Adecco, Express Employment Professionals and Spherion	Lewistown, PA	February 15, 2012.
82,562	General Motors Components Holdings, LLC, General Motors, Development Dimensions	Kokomo, IN	August 5, 2012.
82,564	Stefanini, Human Capital Staffing	Southfield, MI	March 13, 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
82,374	Catholic Health Initiatives, Information Technology, St. Elizabeth Regional Medical Center, Teksystems	Lincoln, NE	January 28, 2012.
82,374A	Catholic Health Initiatives, Information Technology, ITS Technical, The Physician Network, Teksystems	Lincoln, NE	January 28, 2012.
82,374B	Catholic Health Initiatives, Information Technology, ITS Technical, NE Heart Institute, Teksystems, etc	Lincoln, NE	January 28, 2012.
82,374C	Catholic Health Initiatives, Information Technology, ITS Technical, Nebraska Heart Hospital, Teksystems	Lincoln, NE	January 28, 2012.
82,517	Johnson Controls Interior Manufacturing, LLC, Automotive Electronics and Interiors, Johnson Controls, Kelly Services etc	Louisville, KY	March 1, 2012.
82,609	Tesoro Hawaii, LLC, Tesoro Corporation, Staffing Partners	Kapolei, HI	March 27, 2012.
82,650	Parker Hannifin Corporation, Hydraulic Group, Gear Pump Division, Foundry Operating Unit	Youngstown, OH	April 11, 2012.
82,707	Delphi Corporation, Electronics and Safety Division, Securitas, Bartech, Flint Janitorial	Flint, MI	May 6, 2012.
82,708	RBC Manufacturing Corporation, Regal Beloit Corporation, West Plains Division	West Plains, MO	February 26, 2013.

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
82,645	Amcor Tobacco Packaging Americas, Amcor Ltd, Workers (UI) Wages Were Reported Through Shorewood Packaging	Danville, VA	November 11, 2012.
82,721	EZO Copper Products, LLC, EZO Industries Corporation, Snelling Staffing	Jacksonville, TX	May 9, 2012.

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 firm	Location	Impact date
82,647	Republic Special Metals, Inc., Patriot Morgan, Inc.	Canton, OH	August 20, 2012.
82,647A	Select Staffing and Employ-Temps, Working On-Site at Republic Special Metals, Inc.	Canton, OH	April 10, 2012.

The following certifications have been issued. The requirements of Section 222(f) (firms identified by the International Trade Commission) of the Trade Act have been met.

TA-W No.	Subject firm	Location	Impact date
82,623	Advanced Solar Photonics LLC (ASP)	Lake Mary, FL	December 6, 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
82,121	Goodyear Tire & Rubber Company, North American Tire-NAT, HRLyons	Gadsden, AL
82,670	Cynsational Hair Care Services	Lake City, SC

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
82,227	Berk-Tek, A Division of Nexans, Inc., Aerotek, Adecco, Accounttemps and Modis	New Holland, PA
82,597	BTI Coopermatics, Inc., Aerotek Commercial Staffing	Northampton, PA
82,612	Biomass Energy, LLC, Ensign-Bickford Renewable Energies, Inc.	Bumpass, VA
82,659	Harsco Metals N.A., Temps Plus	Blytheville, AR
82,673	Komatsu America Corporation, Adecco, Advanced Cad-Cam, Dean Vessling, Dell, Infotech, etc	Peoria, IL
82,684	Exide Technologies, Inc.	Hermon, ME

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 Department issued a negative determination on petitions related to the relevant investigation period applicable to the same worker group. The duplicative petitions did not present new information or a change in circumstances that would result in a reversal of the Department's previous negative determination, and therefore, further investigation would duplicate efforts and serve no purpose.

TA-W No.	Subject firm	Location	Impact date
82,628	Archetype Design, LLC	Huntington Park, CA

I hereby certify that the aforementioned determinations were issued during the period of May 20, 2013 through May 24, 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 29, 2013.

Elliott S. Kushner,

Certifying Officer, Office of Trade Adjustment Assistance.