2010-18183. 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 6, 2010 through July 9, 2010.
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 Start Printed Page 43558eligibility 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 72,319 General Motors Company, formerly known as General Motors Corporation, Willow Run Transmission Plant Ypsilanti, MI September 14, 2008. 72,436 Special Tool Engineering, Inc Fraser, MI September 7, 2008. 72,582 General Motors Corporation, Powertrain Flint North; Leased Workers from Allegis Group Services Flint, MI October 2, 2008. Start Printed Page 43559 72,647 Graphic Packaging International, Inc., Graphic Packaging Holding Company; Flexible/Multiwall Bag Division Wellsburg, WV October 21, 2008. 72,692 ITW/St. Jude Polymer, Signode CPO Plastics, Illinois Tool Works, Leased Workers Workforce, etc Frackville, PA October 27, 2008. 73,204 The Tie King, Incorporated Brooklyn, NY December 17, 2008. 73,297 The Sherwin Williams Company Deshler, OH January 5, 2009. 73,724 Rhinestahl Corporation, On-site leased workers from Staffmark Services Cincinnati, OH March 15, 2009. 73,915 ITW Shippers Products, Illinois Tool Works; Leased Workers from Randstad and All Staff Mt. Pleasant, TN April 14, 2009. 74,048 Cedar Creek Corporation High Point, NC May 4, 2009. 74,056 K & C San Francisco, CA April 27, 2009. 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 72,096 Amphenol Antenna Solutions, FKA Jaybeam Wireless. Subsidiary Amphenol Corp. Leased workers Manpower, etc Hickory, NC August 14, 2008. 72,148 Spansion, LLC, Spansion, Inc.; Leased Workers of Volt Staffing Agency Sunnyvale, CA August 26, 2008. 72,608 Quark, Inc., Technical Support Division Denver, CO October 13, 2008. 72,770 DEX One Corporation, R.H. Donnelley Corporation; Dex Media Division Bellevue, WA October 23, 2008. 72,770A DEX One Corporation, R.H. Donnelley Corporation; Dex Media Division Omaha, NE October 23, 2008. 72,770B DEX One Corporation, R.H. Donnelley Corporation; Dex Media Division Phoenix, AZ October 23, 2008. 72,770C DEX One Corporation, R.H. Donnelley Corporation; Dex Media Division Beaverton, OR October 23, 2008. 72,770D DEX One Corporation, R.H. Donnelley Corporation; Dex Media Division Murray, UT October 23, 2008. 72,876 Electronic Data Systems, Subsidiary of Hewlett-Packard Company; Consulting Services Flint, MI November 12, 2008. 73,500 Franklin Electric Co., Inc Siloam Springs, AR February 13, 2010. 73,712 Fiserv Fulfillment Services, Inc., Div. of ISGN Solutions, Inc., leased workers Spherion, Dolphin Staffing, etc St. Louis Park, MN March 10, 2009. 73,822 Ingersoll Rand, On-site leased workers from Manpower Athens, PA March 29, 2009. 73,843 Hasbro, Inc., Hasbro Managerial Services, Inc East Longmeadow, MA April 1, 2009. 73,843A Reliable Temp Agency, Working on-site at Hasbro, Inc East Longmeadow, MA April 1, 2009. 73,962 Ford Motor Credit Company, LLC, Nashville Business Center Franklin, TN April 12, 2009. 74,113 Serena Software, Inc., Research and Development Bellevue, WA April 29, 2009. 74,128 Oki Data Americas, Inc., Information Technology Division, Leased workers from Technology Services LLC Mount Laurel, NJ May 20, 2009. 74,255 Ford Motor Credit Company, LLC, Ford Credit, Greenville Business Center Greenville, SC June 7, 2009. 74,257 Hewlett Packard Company, Finance Division, Leased Workers On and Off-Sites at Multiple Locations Palo Alto, CA May 16, 2009. 74,257A Hewlett Packard Company, Finance Division, Leased Workers and Teleworkers Across California Cupertino and Other Cities, CA May 16, 2009. 74,257B Hewlett Packard Company, Finance Division, Leased Workers and Workers On-Sites at Multiple Locations Colorado Springs and Other Cities, CO May 16, 2009. 74,257C Hewlett Packard Company, Finance Division, Leased Workers and Teleworkers Across Connecticut State Wide, CT May 16, 2009. 74,257D Hewlett Packard Company, Finance Division, Leased Workers and Teleworkers Across Florida Miami, FL May 16, 2009. 74,257E Hewlett Packard Company, Finance Division, Leased Workers and Teleworkers Across Georgia Alpharetta, GA May 16, 2009. 74,257F Hewlett Packard Company, Finance Division, Leased Workers and Teleworkers Across Boise Boise, ID May 16, 2009. 74,257G Hewlett Packard Company, Finance Division, Leased Workers and Teleworkers Across Massachusetts Andover and Others Cities, MA May 16, 2009. 74,257H Hewlett Packard Company, Finance Division, Leased Workers and Workers On-Site Bethesda, MD May 16, 2009. 74,257I Hewlett Packard Company, Finance Division, Leased Workers and Workers On-Site Minnetonka, MN May 16, 2009. 74,257J Hewlett Packard Company, Finance Division, Leased Workers and Workers On-Site In Omaha, NE May 16, 2009. 74,257K Hewlett Packard Company, Finance Division, Leased Workers and Teleworkers Across New Hampshire State Wide, NH May 16, 2009. 74,257L Hewlett Packard Company, Finance Division, Leased Workers and Workers On-Site In New Providence, NJ May 16, 2009. 74,257M Hewlett Packard Company, Finance Division, Leased Workers and Teleworkers Across North Carolina Charlotte, NC May 16, 2009. 74,257N Hewlett Packard Company, Finance Division, Leased Workers and Workers On-Site In Corvallis, OR May 16, 2009. Start Printed Page 43560 74,257O Hewlett Packard Company, Finance Division, Leased Workers and Teleworkers Across Pennsylvania State Wide, PA May 16, 2009. 74,257P Hewlett Packard Company, Finance Division, Leased Workers and Teleworkers Across Texas, On-Site in Austin and Other Cities, TX May 16, 2009. 74,257Q Hewlett Packard Company, Finance Division, Leased Workers and Workers On-Site In Herndon, VA May 16, 2009. 74,257R Hewlett Packard Company, Finance Division, Leased Workers and Workers On-Site In Vancouver, WA May 16, 2009. 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 73,073 Ventra Belvidere, LLC, Leased Workers from Placement Pros Belvidere, IL December 9, 2008. 73,392 ABB Paint Finishing, Incorporated, Subsidiary of ABB, LTD, on-site leased workers from Beeline Corporation Pontiac, MI January 14, 2009. 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 73,738 Allied Systems, Ltd Fremont, CA March 17, 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 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 73,634 Republic Engineered Products, Inc., Canton Plant Canton, OH. 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 72,076 Hapag-Lloyd (America), Inc., Headquarters Piscataway, NJ. 72,825 Guardian Automotive Products, Inc., A Division of Guardian Industries Corporation Upper Sandusky, OH. 72,990 Reliant Machine, Inc Green Bay, WI. 73,055 Nuart, Inc., Taylor Corporation; Leased Workers from Volt Workforce Services Bedford Park, IL. 73,113 FXI—Foamex Innovations, FKA Foamex International, Inc., Automotive Products Group Novi, MI. 73,473 Westar Transportation, Inc Wichita Falls, TX. 73,487 Sonnie's Woodbury, MN. 73,514 Edward W. Daniel, LLC Cleveland, OH. 73,779 Portland Title Group, Fidelity National Financial Beaverton, OR. 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 firm Location Impact date 73,599 Forreston Tool, Inc Forreston, IL. Start Printed Page 43561 73,977 The Flint Journal Flint, MI. 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 74,163 HSBC Household Beneficial Huber Heights, OH. 74,314 Goodyear Tire and Rubber Company, Tyler Plant Tyler, TX. 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 73,544 Premier Manufacturing Support Services, Inc Fremont, 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 74,249 Hoffman-LaRoche, Inc Nutley, NJ. 74,330 San Francisco Chronicle Union City, CA. 74,338 Madison County Employment and Training Wood River, IL I hereby certify that the aforementioned determinations were issued during the period of July 6, 2010 through July 9, 2010. 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 SignatureDated: July 16, 2010.
Michael W. Jaffe,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-18183 Filed 7-23-10; 8:45 am]
BILLING CODE 4510-FN-P
Document Information
- Published:
- 07/26/2010
- Department:
- Employment and Training Administration
- Entry Type:
- Notice
- Document Number:
- 2010-18183
- Pages:
- 43557-43561 (5 pages)
- PDF File:
- 2010-18183.pdf