2010-23827. 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 September 7, 2010 through September 10, 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; and

(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; and

(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
73,584	Analog Devices, Inc., Leased Workers from EDA, Inc. and Nstar Global Services	Cambridge, MA	March 1, 2009.
73,651	File-EZ Folder, Inc., Leased Workers from PRO People Staffing Services	Spokane, WA	March 5, 2009.
74,284	ITW ChronoTherm, Illinois Tool Works, Leased Workers of Flexicorp, Inc	Elmhurst, IL	June 14, 2009.
74,378	Balzout, Inc	Nitro, WV	June 30, 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
73,550	International Business Machines (IBM), Global Technology Services Delivery Division, Off-Site Teleworkers	Charlotte, NC	February 16, 2009.
73,637	Lexmark International, Inc., Imaging Services, Printing Solutions, etc., Leased Workers, etc	Lexington, KY	February 26, 2009.
74,318	Connectivity Solutions Manufacturing, Inc., Commscope, Inc. of North Carolina	Omaha, NE	June 29, 2009.
74,326	Pitney Bowes, Inc., Mailing Solutions Management Division, Leased Workers of Guidant Group	Shelton, CT	June 23, 2009.
74,350	PricewaterhouseCoopers LLP, Internal Firm Services, Client Account Administrators	Chicago, IL	June 24, 2009.
74,429	E.J. Brooks Company, dba Tydenbrooks Security Products Group, Leased Workers, etc	Livingston, NJ	July 1, 2009.
74,453	REA Magnet Wire Company, Inc., Algonquin Industries Division	Osceola, AR	July 26, 2009.
74,466	Hewlett Packard Company, Enterprise Business Division, Leased Workers of QFLEX, etc	Palo Alto, CA	June 22, 2009.
74,487	Aloecorp, Inc., Leased Workers from Link Staffing	Lyford, TX	August 4, 2009.
74,489	Warner Chilcott Pharmaceuticals, Inc	Norwich, NY	August 6, 2009.
74,494	Dyno Nobel, Inc., Power Service Group	Ulster Park, NY	July 28, 2009.
74,497	Deluxe Digital Studios, Inc., Deluxe Laboratories, Inc., Leased Workers from Adecco Staffing	Moosic, PA	July 10, 2009.
74,509	NYK Business Systems Americas Inc., NYK Group Americas, Leased Workers Tyken, Ideaon, Comsys, TEK Systems, etc	Seattle, WA	August 6, 2009.
74,516	Control Components Inc., A Subsidiary of IMI, PLC, Leased Workers from Mattson, Axis Technology Group, etc	Rancho Santa Margarita, CA	August 11, 2009.
74,527	Mahle Engine Components, Leased Workers from Action Total Staffing	Caldwell, OH	August 10, 2009.
74,532	Whaling Distributors, Inc., Aminicor, Inc	Fall River, MA	August 21, 2009.
74,536	Xerox Corporation, Inside Sales Supply Center, Leased Workers of Spherion, Superior Staffing, etc	Lewisville, TX	July 30, 2009.
74,543	CertainTeed Corporation	Mountain Top, PA	August 12, 2009.
74,548	Propex Operating Company, LLC, Leased Workers from Ambassador Personnel	Bainbridge, GA	August 18, 2009.
74,563	All American Sports Group Corporation, Leased Workers from Manpower Staffing Services and Kelly Services	San Antonio, TX	August 20, 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
74,265	Smith Micro Technologies, Inc	Vadnais Heights, MN	June 17, 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 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
73,659	Meridian Enterprises Corporation, Call Center	Washington, MO
73,812	Johnson Controls, Inc.	Rockwood, MI
73,973	Scientific Games International, Inc., Scientific Games Corporation	South Barre, VT
73,974	Scientific Games International, Inc., Scientific Games Corporation	Concord, NH
74,034	MMG Corporation	St. Louis, MO
74,104	Metalsa Structural Products, Inc., Dana Corporation Structural Products	Pottstown, PA
74,196	Ozark Dodge	Ozark, MO
74,289	Caye Upholstery, LLC, Caye Home Furnishings, LLC	New Albany, MS
74,289A	Caye Upholstery, LLC, Caye Home Furnishings, LLC	Star, NC
74,289B	Caye Upholstery, LLC, Caye Home Furnishings, LLC	Taylorsville, NC
74,289C	Caye Upholstery, LLC, Caye Home Furnishings, LLC	Tampa, FL

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
73,776	Workshops of G.E. Henn Pottery	New Waterford, OH
73,816	IUE-CWA Local Union 808, International Union of Electronic, Electrical, Salaried, etc	Evansville, IN

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
74,303	AGY Holding Corporation	Huntingdon, PA

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
74,107	ATK Launch Systems, Inc., Alliant Techsystems, Inc	Brigham City, UT

I hereby certify that the aforementioned determinations were issued during the period of September 7, 2010 through September 10, 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: September 15, 2010.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.