2010-20039. 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 July 26, 2010 through July 30, 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 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
72,362	P.M. Kelly, Inc., Realty Road	Ashland, ME	September 18, 2008.
72,653	Da-Tech Corporation, Leased Workers from Judge Technical Services, Synerfac Technical, etc	Ivyland, PA	September 24, 2008.
72,905	Precision Mold & Engineering, Inc.	Warren, MI	November 19, 2008.
72,996	Sunrise Tool and Die, Inc.	Henderson, KY	November 20, 2008.
73,040	Thyssenkrupp Presta Steering Group	Ladson, SC	December 1, 2008.
73,469	Charles D. Owen Mfg. Co. Inc., Springs Global U.S., Inc.	Swannanoa, NC	February 2, 2009.
73,557	Narriot Industries, LLC	Boykins, VA	February 22, 2009.
73,769	Flexsteel Industries, Inc., Leased Workers from Sedona Staffing	Dubuque, IA	February 12, 2010.
73,771	Technicolor Video Cassette of Michigan, Thomson, Home Entertainment Services, Leased Workers Select Staffing, etc	Detroit, MI	March 1, 2009.
73,964	Prestolite Wire Corporation, Leased Workers from Express Services and Staffmark	Paragould, AR	April 14, 2009.
74,081	General Motors Vehicle Manufacturing, General Motors Corp., Leased Workers Aerotek and Kelly Services	Shreveport, LA	August 28, 2010.

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
72,377	Match.Com, Workers Whose Wages are Reported Under PRC	Jacksonville, NC	September 21, 2008.
72,408	Capmark Capital, Inc., Capmark Financial Group, Debtor in Possession, Leased Workers Spherion and ACS	Granville, OH	September 24, 2008.
72,716	Freeport-McMoran Safford, Inc., Including All Reclamation Group Employees	Safford, AZ	October 21, 2008.
72,829	Circuit Services Worldwide, Subsidiary of Pan-Co International Company, Ltd	Bellevue, WA	November 9, 2008.
73,248	Ellcon National, Machine Shop In Plant One, Faverly Transport, Leased On-Site Workers Aerotek	Greenville, SC	January 10, 2009.
73,271	Dakota Imaging	El Paso, TX	January 12, 2009.
73,376	Wacker Neuson Corporation, Wacher Neuson SE	Menomonee Falls, WI	January 27, 2009.
73,379	Bombardier Transportation, Bombardier Mass Transit, Leased Workers form Eastern Technical Services	Plattsburgh, NY	January 26, 2009.
73,491	Farley's & Sathers Candy Company, Inc., Leased Workers from Select Staffing	Chattanooga, TN	February 4, 2009.
73,493	MEMC Electronic Materials, Inc., Southwest, Leased Workers from Kelly Services	Sherman, TX	February 5, 2009.
73,652	Robert Bosch, LLC, Leased Workers from Aerotek, Cucor U.S., etc	Plymouth, MI	February 10, 2009.
73,652A	Robert Bosch, LLC, Leased Workers from Aerotek, Cucor U.S., etc	Farmington Hills, MI	February 10, 2009.
73,679	Liz Claiborne, Inc., Finance Division	North Bergen, NJ	February 18, 2009.
73,768	Local Insight Media, Inc., Corporate Services Division	Englewood, CO	March 22, 2009.
73,824	Honeywell International, Inc., Automation and Control Solutions Division	Rock Island, IL	March 29, 2009.
73,870	Amphenol TCS	Milpitas, CA	April 6, 2009.
73,872	Goodrich Corporation, Landing Gear Division	Cleveland, OH	March 18, 2009.
73,914	Damco USA, Inc., Finance Division	Madison, NJ	April 13, 2009.
74,033	SuperMedia, Inc., Formerly Idearc Media LLC, Publishing Operations Group	St. Petersburg, FL	May 2, 2009.
74,051	Bowne Technology Enterprise, LLC, Bowne and Company, Inc., Help Desk Division	Piscataway, NJ	May 5, 2009.
74,105	Liz Claiborne, Inc., Corporate Manufacturing Department	North Bergen, NJ	May 12, 2009.
74,144	Hoffmann-LaRoche, Inc., Pharmaceutical Manufacturing, Technical Operations and Quality Management	Nutley, NJ	May 11, 2009.
74,178	Microsemi Corp. Massachusetts, Testing Services	Lawrence, MA	May 19, 2009.
74,266	Prudential Insurance Company of America, Prudential Retirement	Moosic, PA	June 17, 2009.
74,266A	Prudential Insurance Company of America, Prudential Retirement	Dubuque, IA	June 17, 2009.
74,283	Highland Lakes Software, Inc.	Austin, TX	June 15, 2009.
74,287	National Sales Company, Stanley Black and Decker, Leased Workers of Lumea Staffing	Sterling, IL	June 21, 2009.
74,288	National Manufacturing Company, Stanley Black & Decker, Stanley National Hardware, Leased Workers Lumea Staff	Rock Falls, IL	June 21, 2009.
74,298	The Travelers Indemnity Company, Travelers Companies, Workers' Compensation Statistical Reporting	Hartford, CT	June 22, 2009.
74,306	HAVI Logistics, North America, Havi Group, LP	Livonia, MI	June 25, 2009.
74,313	Becton, Dickinson, and Company, BD Medical; Sharps Disposal Systems, Leased Workers The Eastridge Group, etc	Oceanside, CA	June 8, 2009.
74,322	PerTronix, Inc.	Rancho Dominguez, CA	June 25, 2009.
74,332	Andrew Wireless Solution, CommScope, Leased Workers Manpower and Griffith Security	Newton, NC	June 29, 2009.
74,420	Frank Russell Company, Administrative Service Center	Tacoma, WA	July 21, 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
72,850	Kasto, Inc., Keuro Besitz GMBH & Co, Leased Workers of Industrial Employees, etc	Export, PA	November 13, 2008.
73,348	Hayes Enterprises, Inc.	Potomac, MT	January 18, 2009.
73,910	Cranberry Lumber Company	Beckley, WV	April 14, 2009.
74,026	Form Tech Fraser	Fraser, MI	April 8, 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
72,222	YRC, Inc., YRC Worldwide, Inc.	Richfield, OH	September 3, 2008.

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
72,901	Sequel Software, Inc.	Durango, CO
73,939	C3I, Inc., Leased Workers from Manpower and Express	Wilkes-Barre, PA

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
74,270	Lockheed Martin Systems Integration	Owego, NY
74,270A	Lockheed Martin Systems Integration	Endicott, NY
74,270B	Lockheed Martin Systems Integration	Endicott, NY
74,270C	Lockheed Martin Systems Integration	Apalachin, NY
74,270D	Lockheed Martin Systems Integration	Owego, NY

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
72,249	CJ's Wholesale Socks, Inc.	Fort Payne, AL.
72,359	Nielsen Hardware, Actuant Corporation	Berlin, CT.
72,515	Precision Custom Coatings	Totowa, NJ.
72,917	Circuit City, Inc., Bethlehem Distribution Center	Bethlehem, PA.
73,005	Camcar Aerospace	Rockford, IL.
73,154	Transcom Enhanced Services, Inc.	Fort Worth, TX.
73,156	American Spring Wire Corp.	Kankakee, IL.
73,161	Oglebay Norton Industrial Sands, Inc., D/B/A Carmeuse Industrial Sands	Brady, TX.
73,212	Ryko Manufacturing Co.	Grimes, IA.
73,285	Bowne of Chicago, Inc., dba Bowne of Minneapolis, Leased Workers Randstad Staffing Services, etc	Minneapolis, MN.
73,301	Shieldalloy Metallurgical Corp., A Subsidiary of AMG	Newfield, NJ.
73,401	DEP, Inc., DBA Edward Ferrel/Lewis Mittman, Leased Workers from Graham Personelle	High Point, NC.
73,841	HSBC Finance Corporation, HSBC North America Holdings, Inc.	Dayton, OH.
73,894	United Auto Workers Local 2244	Fremont, CA.
74,334	Buehler Motor, Inc., Buhler Motor GMBH, Leased Workers From Manpower	Morrisville, NC.
74,415	New Page Corporation, Kimberly Mill	Kimberly, WI.

The investigation revealed that the criteria under paragraphs (b)(2) and (b)(3) (public agency acquisition of services from a foreign country) of section 222 have not been met.

TA-W No.	Subject firm	Location	Impact date
74,029	Mohican Juvenile Correctional Facility	Perrysville, OH.

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
72,537	McQuay International	Verona, VA.
72,645	Enterprise Tool and Die	Grandville, MI.
73,886	Burton Snowboards, Inc	South Burlington, VT.
74,043	American Superconductor Corporation	West Mifflin, PA.
74,083	Siemens	Ballefontaine, OH.
74,190	Dyrsmith, LLC, DBA Precision-works Manufacturing	Auburn, CA.
74,360	CR Compressors, LLC	Decatur, AL.
74,361	CR Compressors, LLC	Hartselle, AL.

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
73,998	Dupont Performance Coatings, On-Site at New United Motor Manufacturing, 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
74,344	Hanes Brands, Inc	Winston Salem, NC.

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
73,741	Kenco	Lexington, KY.
73,953	Freescale Semiconductor, Inc	Woburn, MA.

I hereby certify that the aforementioned determinations were issued during the period of July 26, 2010 through July 30, 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 [e-mail]. These determinations also are available on the Department's Web site at http://www.doleta.gov/​tradeact under the searchable listing of determinations.

Dated: August 4, 2010.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance .