2010-24384. 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 13, 2010 through September 17, 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
73,471	Kelman Glass, LLC, DBA L.E. Smith Glass Company	Mount Pleasant, PA	February 3, 2009.
73,990	Trinity North American Freight Car, Inc., Freight Car, Plant #26	Fort Worth, TX	April 23, 2009.
74,280	Whirlpool Corporation, Benton Harbor Division, Leased Workers from Aerotek	Benton Harbor, MI	June 18, 2009.
74,412	Convergys	Albuquerque, NM	June 29, 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
73,152	Dell, Inc., Enterprise Server Technical Support for Americas	Round Rock, TX	December 18, 2008.
73,593	International Business Machines (IBM), Global Technology Services Delivery Division, Offsite Teleworkers	Boulder, CO	February 24, 2009.
74,005	Pentair Residential Filtration, Leased Workers from Furst Staffing	Rockford, IL	April 15, 2009.
74,054	Dell, Inc., Dell Services, Insurance Solutions, Formerly Technical Mgmt., Inc	Rome, GA	May 5, 2009.
74,168	Gerber Plumbing Fixtures, LLC, Kokomo Sanitary Pottery Division	Kokomo, IN	May 22, 2010.
74,269	ADP TotalSource, iMedx, Inc.; formerly Medware, Inc.; Reporting From Home Offices	Winter Springs, FL	June 18, 2009.
74,363	ACS Commercial Solutions, Inc., Affiliated Computer Services, Xerox Co., Insurance East SBU, Pegasus SBU	London, KY	July 1, 2009.
74,387	Allstate Insurance Company, Allstate Corporation, Allstate Claims Technology Services Department	Northbrook, IL	July 6, 2009.
74,393	Henkel of America, Inc., Finance Department, Henkel AG and Co. KGAA, Leased Workers Robert Half, etc	Rocky Hill, CT	July 15, 2009.
74,529	Fisher-Price Inc., Mattel, Inc., Information Technology, Leased Workers from Pro Unlimited	East Aurora, NY	August 6, 2009.
74,541	Annex Manufacturing, LLC, Hannifin Corp., Leased Workers from Kelly Temporary Services	Lyons, NY	August 17, 2009.
74,591	ProTeam, Inc., Emerson Electric, Leased Workers of SOS Staffing and Labormax	Boise, ID	August 25, 2009.
74,591A	The United Electric Company, Proteam, Inc., Leased Workers from Manpower	Burlington, NC	August 25, 2009.
74,609	Laserwords, U.S., Inc	Madison, WI	September 2, 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
74,151	Dick Lucier Excavation	Frenchtown, MT	May 11, 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
74,498	Holcim (US), Inc., North Region Terminal Operations Division, Detroit Terminal	Detroit, MI	July 8, 2009.
74,498A	Holcim (US), Inc., North Region Terminal Operations Division, Elmira Terminal	Elmira, MI	July 8, 2009.
74,498B	Holcim (US), Inc., North Region Terminal Operations Division, Grandville Terminal	Grandville, MI	July 8, 2009.
74,498C	Holcim (US), Inc., North Region Terminal Operations Division, Cincinnati River Terminal	Cincinnati, OH	July 8, 2009.
74,498D	Holcim (US), Inc., North Region Terminal Operations Division, Chicago Summit Terminal	Summit, IL	July 8, 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
73,938	Management Resources Group, Inc	Southbury, CT
74,309	National Precast Structural, Inc., Precast National, Inc	Shelby Township, MI
74,311	National Precast, Inc	Roseville, MI

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
73,868	Hewlett Packard Corporation	Marlborough, MA
74,052	Green Design Furniture Company	Portland, ME
74,127	Dyrsmith, LLC, Precisionworks Manufacturing	Berthoud, CO
74,392	Beckman Coulter, Inc	Webster, TX

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
74,499	Holcim (US), Inc., North Regional Terminal Operations Division, Elmira Terminal	Elmira, MI
74,500	Holcim (US), Inc., North Region Terminal Operations Division, Grandville Terminal	Grandville, MI
74,501	Holcim (US), Inc., North Region Terminal Operations Division, Cincinnati River Terminal	Cincinnati, OH
74,502	Holcim (US), Inc., North Regional Terminal Operations Division, Chicago Summit Terminal	Summit, IL

I hereby certify that the aforementioned determinations were issued during the period of September 13, 2010 through September 17, 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 22, 2010

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.