2010-21394. 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 9, 2010 through August 13, 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 Start Printed Page 52983workers' 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 72,956 Jasper Chair Company Jasper, IN November 19, 2008. 73,302 Wolfe Dye & Bleach Works, Inc Shoemakersville, PA January 7, 2009. 73,587 ArcelorMittal Weirton, Inc., Leased Workers from The Hudson Company Weirton, WV February 26, 2009. 74,001 Connextions, Inc., Sprint Operating Unit Concord, NC April 20, 2009. 74,460 Sing Fei, Inc San Francisco, CA July 24, 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 72,734 Nukote International, Inc Rochester, NY October 30, 2008. 72,896 Staffmark, Working On Site at Leach International Buena Park, CA November 18, 2008. 72,936 Current Medicine Group, LLC, Springs Science+Business Media Finance, Inc Philadelphia, PA November 19, 2008. Start Printed Page 52984 73,450 Cytec Industries, Inc., Corporate Service Employees, Employee Reporting to Woodland Park, NJ Woodland Park, NJ January 29, 2009. 73,450A Cytec Industries, Inc., Corporate Service Employees, Leased Workers from Advanced Personnel, etc Winona, MN January 29, 2009. 73,450B Cytec Industries, Inc., Corporate Service Employees, Leased Workers from Advanced Personnel, etc Greenville, TX January 29, 2009. 73,450C Cytec Industries, Inc., Corporate Service Employees, Leased Workers from Advanced Personnel, etc. Piedmont, SC January 29, 2009. 73,450D Cytec Industries, Inc., Corporate Service Employees, Leased Workers from Advanced Personnel, etc Anaheim, CA January 29, 2009. 73,450E Cytec Industries, Inc., Corporate Service Employees, Leased Workers from Advanced Personnel, etc Havre De Grace, MD January 29, 2009. 73,450F Cytec Industries, Inc., Corporate Service Employees, Leased Workers from Advanced Personnel, etc Smyrna, GA January 29, 2009. 73,450G Cytec Industries, Inc., Corporate Service Employees, Leased Workers from Advanced Personnel, etc Westwego, LA January 29, 2009. 73,450H Cytec Industries, Inc., Corporate Service Employees, Leased Workers from Advanced Personnel, etc Mount Pleasant, TN January 29, 2009. 73,450I Cytec Industries, Inc., Corporate Service Employees, Leased Workers from Advanced Personnel, etc Stamford, CT January 29, 2009. 73,450J Cytec Industries, Inc., Corporate Service Employees, Leased Workers from Advanced Personnel, etc North Augusta, SC January 29, 2009. 73,450K Cytec Industries, Inc., Corporate Service Employees, Leased Workers from Advanced Personnel, etc Tempe, AZ January 29, 2009. 73,513 Farley's and Sathers Candy Company, Inc., On-site Leased Workers from Doherty Staffing Solutions Round Lake, MN February 17, 2009. 73,577 Aigis Mechtronics, Inc., A Subsidiary of Nortek, Inc., Leased Workers of Adecco Employment Services Winston-Salem, NC February 22, 2009. 73,635 The Boeing Company, Engineering Operations, etc., Off-Site Workers Reporting to St. Louis, MO St. Louis, MO February 24, 2009. 73,635A The Boeing Company, Engineering Operations & Technology Div. & Information Technology Div St. Charles, MO February 24, 2009. 73,635B The Boeing Company, Engineering Operations & Technology Div. & Information Technology Div Hazelwood, MO February 24, 2009. 73,753 Lodging by Liberty, Inc., Brown Jordan International, Inc.; BJI Employee Services; etc Liberty, NC March 15, 2009. 73,775 Eli Lilly and Company, Chemical Process Research and Development Pilot Plant Indianapolis, IN March 22, 2009. 73,796 Keane, Inc., Teachers Insurance Annuity Association—College Retirement Equities Fund Denver, CO March 26, 2009. 73,806 Multina, USA Plattsburgh, NY March 18, 2009. 73,849 LTX-Credence Corporation, Leased Workers from ATR International, Inc Hillsboro, OR March 16, 2009. 73,878 HNTB Corporation, HNTB Holding, LTD., Accounting Department Kansas City, MO April 1, 2009. 73,917 Stanadyne Corporation, Pencil Nozzel Injector Division, Leased Workers from Pro-Type Jacksonville, NC April 13, 2009. 74,012 GM Powertrain Defiance CET, General Motors Defiance, OH April 14, 2009. 74,058 Pentel of America, Ltd., Manufacturing Division Torrance, CA May 6, 2009. 74,112 Edwards Vacuum, Inc., Leased Workers from Manpower and Kforce Tewksbury, MA May 17, 2009. 74,140 Sweater Project Corp North Bergen, NJ May 11, 2009. 74,223 White's Metal Works, Inc Bassett, VA June 10, 2009. 74,293 The Boeing Company, Engineering Operations & Technology Div. & Information Technology Div Long Beach, CA June 7, 2009. 74,293A The Boeing Company, Engineering Operations & Technology Div. & Information Technology Div Anaheim, CA June 7, 2009. 74,293B The Boeing Company, Engineering Operations & Technology Div. & Information Technology Div El Segundo, CA June 7, 2009. Start Printed Page 52985 74,293C The Boeing Company, Engineering Operations & Technology Div. & Information Technology Div Huntington Beach, CA June 7, 2009. 74,293D The Boeing Company, Engineering Operations & Technology Div. & Information Technology Div Irvine, CA June 7, 2009. 74,293E The Boeing Company, Engineering Operations & Technology Div. & Information Technology Div Lemoore, CA June 7, 2009. 74,293F The Boeing Company, Engineering Operations & Technology Div. & Information Technology Div Seal Beach, CA June 7, 2009. 74,348 The TriZetto Group, Inc., Leased Workers from Syntel Limited, Inforonics, LLC, etc Greenwood Village, CO July 1, 2009. 74,354 HSBC Card Services, Inc., HSBC North American Holdings, Security and Fraud Dept., etc Tulsa, OK June 18, 2009. 74,381 Quiksilver Americas, Quiksliver Screenprint Operations, Leased Workers from Rainmaker Staffing Huntington Beach, CA May 8, 2010. 74,391 Travelers Indemnity Company, Claims Services, Workers' Compensation Subrogation Wyomissing, PA July 13, 2009. 74,394 Laserwords U.S., Inc., Laserwords Private LTD, Leased Workers from Kelly Services Lewiston, ME June 11, 2009. 74,433 Prudential Insurance Company of America, Prudential Retirement Hartford, CT July 26, 2009. 74,441 Hagemeyer North America, El Paso Branch El Paso, TX July 19, 2009. 74,442 Hagemeyer North America, Mcallen Branch McAllen, TX July 19, 2009. 74,443 StarTek USA, Inc., Resource Planning Department, Off-Site Teleworker Bryan Martin Denver, CO July 19, 2009. 74,443A StarTek USA, Inc., Resource Planning Department Collinsville, VA July 19, 2009. 74,443B StarTek USA, Inc., Resource Planning Department Decatur, IL July 19, 2009. 74,443C StarTek USA, Inc., Resource Planning Department Jonesboro, AR July 19, 2009. 74,443D StarTek USA, Inc., Resource Planning Department Mansfield, OH July 19, 2009. 74,443E StarTek USA, Inc., Resource Planning Department Lynchburg, VA July 19, 2009. 74,443F StarTek USA, Inc., Resource Planning Department Enid, OK July 19, 2009. 74,443G StarTek USA, Inc., Resource Planning Department Grand Junction, CO July 19, 2009. 74,457 Leach International, Esterline Technologies, Leased Workers from Ultimate Staffing Service, etc Buena Park, CA July 22, 2009. 74,461 Providence Chain Company, Leased Workers from Microtech Staffing Group and Occupations Unlimited Providence, RI July 30, 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 72,886 Turner Techtronics, Inc Burbank, CA November 17, 2008. 73,165 James Hamilton Construction Company, Tyrone Mine Silver City, NM December 23, 2008. 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 73,431 Milliken & Company, Apparel Division Barnwell, SC January 19, 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 72,283 International Business Machines (IBM), Global Technology Services Delivery Division, Massachusetts Teleworkers Endicott, NY Start Printed Page 52986 72,283A International Business Machines (IBM), Domino Server Application Development Team, etc., Massachusetts Teleworkers Endicott, NY 74,256 Ferragon Corporation, Ferrous Metal Processing Company Brooklyn, 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 72,842 Nabors Well Services, Ltd., Nabors Industries, Ltd San Angelo, TX 72,971 ASC Machine Tools, Inc Spokane Valley, WA 73,101 Tyler Pipe Company, Soil/Plumbing Division, North Plant Tyler, TX 73,110 Robin Industries, Inc., Cleveland Manufacturing Cleveland, OH 73,374 Marshalltown Company Marshalltown, IA 73,413 Unit Structures, LLC Magnolia, AR 73,717 Aperto Networks, Inc., Operations Department Milpitas, CA 73,723 FirstSolutions, Claims Processing Center Two Harbors, MN 73,863 SuperMedia, LLC, FKA Idearc Media, LLC, Supermedia Information Services, LLC Bensalem, PA 73,950 Auto Builders, Inc Ladson, SC 74,021 Diagnostic Staffing Services, LLC Pittsburgh, PA 74,281 Humana Insurance Company, Carenetwork, Inc Green Bay, WI 74,321 Beloit Health Systems/Beloit Clinic, The Health Information Management Transcription Department Beloit, WI 74,362 Harley-Davidson Motor Company Operations, Inc York, PA 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 72,463 Draexlmaier Automotive of America, LLC Duncan, SC 72,771 HMC Technologies New Albany, MS 73,827 Architectural Glazing Technologies, On-site Leased Workers Bonney Staffing Sanford, ME 74,273 Doyle and Roth Manufacturing Company, Inc Simpson, PA 74,383 Blen-Col, Inc., DBA L&A Molding (Hudson Color Concentrates) Leominster, MA 74,451 StarTek USA, Inc., Off-Site Worker Denver, CO 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 73,589 DuPont Performance Coatings, E.I. Dupont De Nemours Company OEM Fenton, MO 74,092 Cytec Engineered Materials, Inc., Corporate Service Employees Winona, MN 74,093 Cytec Engineered Materials, Inc., Corporate Service Division Greenville, TX 74,094 Cytec Carbon Fibers, LLC, Corporate Service Division Piedmont, SC 74,095 Cytec Engineered Materials, Inc., Corporate Service Division Anaheim, CA 74,096 Cytec Engineered Materials, Inc., Corporate Service Division Havre de Grace, MD 74,097 Cytec Surface Specialties, Inc., Corporate Service Division Smyrna, GA Start Printed Page 52987 74,098 Building Block Chemicals, Corporate Service Division Westwego, LA 74,099 Cytec Industries, Inc., Corporate Service Division Mount Pleasant, TN 74,100 Cytec Industries, Inc., Corporate Service Division Stamford, CT 74,101 Cytec Surface Specialties, Inc., Corporate Service Division North Augusta, SC 74,102 Cytec Engineered Materials, Inc., Corporate Service Division Tempe, AZ 74,216 Prudential Insurance Company of America, Prudential Retirement Moosic, PA 74,444 StarTek USA, Inc., Resource Planning Department Collinsville, VA 74,445 StarTek USA, Inc., Resource Planning Department Decatur, IL 74,446 StarTek USA, Inc., Resource Planning Department Jonesboro, AR 74,447 StarTek USA, Inc., Resource Planning Department Mansfield, OH 74,448 StarTek USA, Inc., Resource Planning Department Lynchburg, VA 74,449 StarTek USA, Inc Enid, OK 74,450 StarTek USA, Inc Grand Junction, CO 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 73,844 J.C. Penney Company, Inc. Waterford, MI I hereby certify that the aforementioned determinations were issued during the period of August 9, 2010 through August 13, 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: August 19, 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-21394 Filed 8-27-10; 8:45 am]
BILLING CODE 4510-FN-P
Document Information
- Published:
- 08/30/2010
- Department:
- Employment and Training Administration
- Entry Type:
- Notice
- Document Number:
- 2010-21394
- Pages:
- 52982-52987 (6 pages)
- PDF File:
- 2010-21394.pdf