2013-16160. Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
-
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 June 17, 2013 through June 21, 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 Start Printed Page 40509are 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 82,360 Innovative Arc Tubes Corporation Bridgeport, CT December 31, 2011. 82,428 Vette Thermal Solutions, LLC, Coolcentric Division, Wakefield-Vette, Heico Companies, LLC Ontario, NY February 5, 2012. 82,724 Saint-Gobain Ceramics, Inc., d/b/a Corhart Refractories, High Performance Materials Div., Manpower, etc Buckhannon, WV May 10, 2012. 82,793 Arvato, Bertelsmann SE & Co. KGAA, United Staffing Services, Square, etc Valencia, CA June 5, 2012. 82,797 Simpson Lumber Company LLC, John's Prairie Operations Division Shelton, WA June 7, 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 82,464 Fenner Dunlop, Fenner Dunlop Americas, f/n/a Scandura (Ohio), Time Staffing Port Clinton, OH February 12, 2012. 82,525 Assurant, Inc., Enterprise Business Services Center Miami, FL March 5, 2012. 82,525A Assurant, Inc., Enterprise Business Services Center Atlanta, GA March 5, 2012. 82,525B Assurant, Inc., Enterprise Business Services Center West Des Moines, IA March 5, 2012. 82,525C Assurant, Inc., Enterprise Business Services Center Milwaukee, WI March 5, 2012. 82,525D Assurant, Inc., Enterprise Business Services Center Rapid City, SD March 5, 2012. 82,525E Assurant, Inc., Enterprise Business Services Center Wayne, PA March 5, 2012. 82,606 Peptisyntha, Inc., Solvay America, Inc Torrance, CA March 26, 2012. 82,653 Libbey Glass, Inc., Libbey, Inc., Jean Simpson Personnel Services Shreveport, LA April 12, 2012. 82,674 Createthe Group, Inc., Commerce Technology Solutions, Forrest Solutions, Wisdom Infotech, etc New York, NY April 22, 2012. 82,679 SST Truck Company, LLC, Navistar, Inc., Truck Specialty Center (TSC), Employee Solutions Garland, TX April 18, 2012. 82,716 BT Americas, BT North Americas, BT PLC, Tech Mahindra and Manpower Irving, TX May 3, 2012. Start Printed Page 40510 82,764 KEMET Electronics Corporation, Phillips Staffing, Excluding The Accounts Payable Department, etc Simpsonville, SC May 24, 2012. 82,774 Campbell Soup Company, Finance Department, Aerotek Professional Services, Magellan Search, etc Camden, NJ May 31, 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 81,983 Curwood, Subsidiary of Bemis, Inc. Minneapolis, MN 81,983A Curwood, Subsidiary of Bemis, Inc. St. Louis Park, MN 82,437 W.W. Friedline, Inc. Somerset, PA 82,586 AAR Mobility Systems, AAR Corporation Cadillac, MI 82,599 Aerial Machine & Tool Corporation, Aqua Lung America Meadows Of Dan, VA 82,607 Teleperformance, USA, Inc., Pocatello Division Pocatello, ID 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 82,573 Hewlett Packard Company, Enterprise Group Palo Alto, CA 82,574 Hewlett Packard Company, Personal Printing Systems Group Palo Alto, CA 82,576 Hewlett Packard Company, Global Functions Palo Alto, CA 82,577 Hewlett Packard Company, Enterprise Services Palo Alto, CA 82,578 Hewlett Packard Company, Software Group Palo Alto, CA I hereby certify that the aforementioned determinations were issued during the period of June 17, 2013 through June 21, 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: June 24, 2013.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-16160 Filed 7-3-13; 8:45 am]
BILLING CODE 4510-FN-P
Document Information
- Published:
- 07/05/2013
- Department:
- Employment and Training Administration
- Entry Type:
- Notice
- Document Number:
- 2013-16160
- Pages:
- 40508-40510 (3 pages)
- PDF File:
- 2013-16160.pdf