2010-22922. 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 August 23, 2010 through August 27, 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
73,873	Teleperformance USA Corporation, TPUSA, Inc	Salt Lake City, UT	March 30, 2009.
73,873A	Teleperformance USA Corporation, TPUSA, Inc	Lindon, UT	March 30, 2009.
73,903	Owens-Illinois, Inc., Leased Workers from Manpower, Inc	Clarion, PA	April 9, 2009.
73,982	Smiths Medical PM, Inc., Leased Workers from Aerotek and Spherion	Waukesha, WI	April 14, 2009.
74,133	Time Sensitive Circuits	Amesbury, MA	May 20, 2009.
74,171	Waytec Electronics Corporation, Leased Workers from Alpha Omega, Kelly Services, and ManPower	Lynchburg, VA	May 27, 2009.
74,237	Temple-Inland	Evansville, IN	June 7, 2009.
74,279	Soo Tractor Sweeprake Company	Sioux City, IA	June 12, 2009.
74,357	Cinram Distribution, LLC, Cinram International; Simi Valley Distribution Center; Leased Workers, etc	Simi Valley, CA	July 7, 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
72,869	Dell, Inc., Global Command Center and Proactive Maintenance Divisions; Leased Workers, etc	Oklahoma City, OK	November 11, 2008.
73,153	Kimberly-Clark Global Sales, Inc., Kimberly-Clark Corporation; Leased Workers from Stafflogix Corporation	Neenah, WI	December 18, 2008.
73,153A	Kimberly-Clark Worldwide, Inc., Kimberly-Clark Corporation; Leased Workers from Stafflogix Corporation	Neenah, WI	December 18, 2008.
73,657	SunGard Public Sector, SunGard Data Systems	Lake Mary, FL	March 5, 2009.
73,809	Hewlett Packard/EDS, Primary Delivery Engineer Unit, Working On-Site At Proctor & Gamble	Cincinnati, OH	March 19, 2009.
73,909	International Business Machines (IBM), Service Parts Organizations	Mechanicsburg, PA	March 29, 2009.
74,141	Affiliated Computer Services, Inc., Xerox Corporation, Workers of ACS Application Management Services, etc	Dallas, TX	May 24, 2009.
74,156	Mattel, Inc., Global Logistics Org., Distribution Center, Leased Workers Select Staffing	City of Industry, CA	May 17, 2009.
74,164	International Business Machines (IBM), Global Technology Services Delivery Division	Greenville, SC	May 26, 2009.
74,185	LF USA, Inc., Li & Fung Limited, Leased Workers from Winston Staffing	New York, NY	May 21, 2009.
74,319	RR Donnelley, Digital Solutions Center Division	Pontiac, IL	June 29, 2009.
74,336	Polaris Industries, Leased Workers from Westaff	Osceola, WI	June 28, 2009.
74,368	Novartis Pharmaceuticals Corporation, Electronic Data Management Division; Leased Workers from RCM Technologies, etc	East Hanover, NJ	July 9, 2009.
74,386	Goodyear Tire & Rubber Company, Tyler Plant; Leased Workers Unicco Contracted Services and Kelly Services	Tyler, TX	June 30, 2009.
74,413	McGuire Furniture Company, Kohler Co., Leased Workers from Manpower and Ajilon	San Francisco, CA	July 8, 2009.
74,465	Harman Consumer, Inc., Engineering Department; Division of Harman International Industries, Inc.	Northridge, CA	August 2, 2009.
74,472	EMC Corporation, Information Infrastructure Products, Ionix Software Engineers	Research Triangle Park, NC	July 30, 2009.
74,472A	EMC Corporation, Information Infrastructure Products, Ionix Software Engineers	Hopkinton, MA	July 30, 2009.
74,473	EMC Corporation, Information Infrastructure Products, Ionix Software Engineers	Alexandria, VA	July 30, 2009.
74,474	EMC Corporation, Information Infrastructure Products; Ionix Software Engineers; etc	Berkeley Heights, NJ	July 30, 2009.
74,479	EMC Corporation, Information Infrastructure Products; Ionix Software Engineers	Richardson, TX	July 30, 2009.
74,480	EMC Corporation, Information Infrastructure Products; Ionix Software Engineers	White Plains, NY	July 30, 2009.
74,503	Road 9, Inc., Leased Workers From TPA-Administaff Companies II, LP	Greenwood Village, CO	August 10, 2009.
74,523	RR Donnelley, Digital Solutions Center Division; Leased Workers from Quality Personnel	Glasgow, KY	August 11, 2009.
74,531	Anthem Insurance Companies, Inc., Wellpoint, Finance Accounting, Leased Workers from Rogert Half/Accounting etc	Mason, OH	August 13, 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
73,610	Visteon Corporation, Springfield Plant; Leased Workers MSX International, Adecco, Manpower	Springfield, OH	March 2, 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
73,335	Arvin Technologies, Inc	Troy, MI.
73,335A	ArvinMeritor, Inc	Troy, MI.

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
74,235	RSG Forest Products, Inc	Kalama, WA.

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
73,045	Techline, USA, Leased Workers from Express Employment Professionals	Waunakee, WI.
73,137	Loadcraft Industries, Ltd	Brady, TX.
73,479	Enesco, LLC, Gund Division, Distribution Center	Edison, NJ.
73,508	Wausau Window And Wall Systems, A Subsidiary of Apogee Enterprises, Inc.	Wausau, WI.
73,551	RMC Pacific Materials, Inc., Cemex, Inc	Davenport, CA.
73,685	Northwestern Tool & Die, LLC	Vernon Hills, IL.
73,815	Colfax Envelope Corporation	Buffalo Grove, IL.
74,079	San Francisco Chronicle, Hearst Communications, Leased Workers from Correstaff, etc.	Union City, CA.
74,089	The Eastridge Group of Staffing Companies, Contractors & Builders Division; Bosa Holding, Inc.	San Diego, CA.
74,118	Ach Food Company, Inc	Jacksonville, IL.
74,192	KDH Defense Systems, Incorporated	Waynesburg, PA.
74,375	Wisconsin Bell, Inc., Doing Business As Wisconsin Bell; Consumer Centers Sales and Services	Milwaukee, WI.
74,458	Smart-Sox, Inc	Thomasville, NC.
74,462	US Airways, Inc., Port Columbus, Fleet Services	Columbus, 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 website, 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
74,475	EMC Corporation, Information Infrastructure Products, Ionix Software Engineers	Berkeley Heights, NJ.
74,476	EMC Corporation, Information Infrastructure Products, Ionix Software Engineers	Colorado Springs, CO.
74,477	EMC Corporation, Information Infrastructure Products, Ionix Software Engineers	Colorado Springs, 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
74,478	EMC Corporation, Information Infrastructure Products, Ionix Software Engineers	Duluth, GA.
74,535	The TriZetto Group, Inc.	Greenwood Village, CO.

I hereby certify that the aforementioned determinations were issued during the period of August 23, 2010 through August 27, 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 website at http://www.doleta.gov/​tradeact under the searchable listing of determinations.

Dated: September 3, 2010.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.