2012-17839. 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 July 2, 2012 through July 6, 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 Start Printed Page 43124affirmative 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 81,611 Hickory Springs Manufacturing Company New Albany, MS May 11, 2011. 81,657 Triangle Suspension Systems, Inc., The Marmon Group Dubois, PA May 18, 2011. 81,658 ATI—Albany Operations, Allegheny Technologies, Kelly Services, LBCC, CADD Connections, etc Albany, OR May 25, 2011. 81,690 J.M.D. Fashion, Inc New York, NY May 28, 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 81,531 Commemorative Brands, Inc., CBI Rings Division and Mfg. Department, American Achievement Corporation Austin, TX April 23, 2011. 81,594 Catalina Marketing Corporation, Operations Division, Staffing Resources Group (SRG) St. Petersburg, FL May 8, 2011. 81,656 Phillips Food, Inc., Allines Staffing and 1st Team Staffing Baltimore, MD May 23, 2011. 81,667 Health Net, Inc., Membership Accounting Department, Kelly Services Woodland Hills, CA May 30, 2011. 81,667A Health Net, Inc., Membership Accounting Department, Kelly Services Rancho Cordova, CA May 30, 2011. 81,667B Health Net, Inc., Information Technology Group Rancho Cordova, CA May 30, 2011. 81,667C Health Net, Inc., Corporate Tax Department Woodland Hills, CA May 30, 2011. 81,694 WellPoint, Inc., Empire Blue Cross Division, Kelly Services and Aerotek Albany, NY June 5, 2011. 81,695 WellPoint, Inc., Empire Blue Cross and Blue Shield Division, Kelly Services and Aerotek Middletown, NY June 5, 2011. 81,709 Ultralife Corporation, Battery and Energe Products Group, Adecco Employment Services Newark, NY June 12, 2011. 81,719 Crawford and Company, ICT-Infrastructure, Database Administration, Remote Workers Lake Zurich, IL Atlanta, GA June 4, 2011. 81,738 Materials CTI, LLC, Formerly Crystal Technology, EPCOS CTI, EPCOS, Richmar Associates Palo Alto, CA June 20, 2011. 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 81,655 Fortis Plastics, Plastics Acquisitions, Shelley Investments, d/b/a Salem Business Center Carlyle, IL May 23, 2011. 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 81,545 Alexandria Extrusion Company, Manpower Inc., Pro Staff, The Work Connection and Doherty Staffing Solution Alexandria, MN May 19, 2010. 81,545A Alexandria Extrusion Company, Aerotek Commercial Staffing Carrollton, TX May 19, 2010. 81,559 Unilin NC, LLC, Mohawk Industries, Inc Dallas, TX December 7, 2010. Start Printed Page 43125 81,589 Hydro Aluminum North America, Inc., Kalamazoo Division, Employment Group, Aerotek and Manpower Kalamazoo, MI May 19, 2010. 81,624 Southeastern Aluminum Products, Inc, Express Employment Professionals, Employment Plus, Driving Ambition, etc Jacksonville, FL May 19, 2010. 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)(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 81,683 Husqvarna Consumer Outdoor Products N.A., Inc., Remedy Staffing, Kelly Services, Staffmark, Abacus Orangeburg, 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 81,499 Verizon Wireless Houston, TX. 81,499A Verizon Wireless Bellevue, WA. 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 81,602 Chartis Global Services, Inc., Chartis, Regional Processing Organization, Regional Service Center Dallas, TX. 81,715 RG Steel Sparrows Point LLC, RG Steel LLC, Echelon Service, Sun Associated Industries, etc Sparrows Point, MD. I hereby certify that the aforementioned determinations were issued during the period of July 2, 2012 through July 6, 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.
Start SignatureDated: July 11, 2012.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2012-17839 Filed 7-20-12; 8:45 am]
BILLING CODE 4510-FN-P
Document Information
- Published:
- 07/23/2012
- Department:
- Employment and Training Administration
- Entry Type:
- Notice
- Document Number:
- 2012-17839
- Pages:
- 43123-43125 (3 pages)
- PDF File:
- 2012-17839.pdf