2013-20812. 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 August 5, 2013 through August 9, 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).Start Printed Page 52977
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.
TA-W No. Subject firm Location Impact date 82,746 Quality Manufacturing Co. Inc., Adecco Winchester, KY May 15, 2012. 82,771 Unipower LLC Brookfield, CT May 29, 2012. 82,896 Charles Inc Council Bluffs, IA July 10, 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 82,787 Xerox Commercial Solutions, LLC, Strategic Business Unit (SBU) North Bend, OR June 4, 2012. 82,788 Liberty Medical Supply, Inc. Port Saint Lucie, FL June 6, 2012. 82,849 Alpine Access, Inc., Sykes Enterprises, Workforce Management Team, Apple One Denver, CO June 25, 2012. 82,854 State Street Corporation, Institutional Investor Services, Daley & Associates, IBA Software, etc Quincy, MA June 26, 2012. 82,914 Sealed Air Corporation, IT Help Desk, MDI Duncan, SC July 12, 2012. 82,917 Sensata Technologies, Inc., Controls, Burn-In-Test Scokets Division, Experis Phoenix, AZ July 15, 2012. 82,933 GD Van Wagenen Financial Services, Inc., Bankers Insurance Group, Ultimate Staffing and HR Personnel Eden Prairie, MN July 18, 2012. 82,937 Cambia Health Solutions, Inc., Claims Department Portland, OR July 18, 2012. 82,937A Cambia Health Solutions, Inc., Claims Department Lewiston, IA July 18, 2012. 82,937B Cambia Health Solutions, Inc., Claims Department Medford, OR July 18, 2012. 82,937C Cambia Health Solutions, Inc., Claims Department Salt Lake City, UT July 18, 2012. 82,937D Cambia Health Solutions, Inc., Claims Department Seattle, WA July 18, 2012. 82,937E Cambia Health Solutions, Inc., Claims Department Tacoma, WA July 18, 2012. 82,939 Volex, Inc Hickory, NC July 29, 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 82,713 Harris Corporate, RF Division, Yoh Services, LLC Rochester, NY 82,844 Unilever Manufacturing (US), Inc., North America Ice Cream Division Huntington, IN 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.
Start Printed Page 52978TA-W No. Subject firm Location Impact date 82,740 Krystal Infinity LLC Brea, CA I hereby certify that the aforementioned determinations were issued during the period of August 5, 2013 through August 9, 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 SignatureSigned at Washington DC, this day of August 14, 2013.
Michael W. Jaffe,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2013-20812 Filed 8-26-13; 8:45 am]
BILLING CODE 4510-FN-P
Document Information
- Published:
- 08/27/2013
- Department:
- Employment and Training Administration
- Entry Type:
- Notice
- Document Number:
- 2013-20812
- Pages:
- 52976-52978 (3 pages)
- PDF File:
- 2013-20812.pdf