2010-18832. Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
-
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 July 12, 2010 through July 16, 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 Start Printed Page 45162date 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 72,581 Freightcar America, Roanoke Division, Leased Workers Express Professional, etc Roanoke, VA October 13, 2008. 72,853 Stutzman Plating Inc., Leased Workers of Snelling Personnel Services Los Angeles, CA November 11, 2008. 73,308 Hoffmaster Food Service, D/B/A Brooklace, Hoffmaster Group, Inc West Haven, CT January 15, 2009. 73,412 Alcan Cable Roseburg, OR February 2, 2009. 73,644 Cinram Manufacturing, LLC, Cinram International, Leased Workers From Onesource Staffing Solutions Olyphant, PA March 4, 2009. 73,916 Catawba Sox LLC, Formerly known as Catawba Sox, Inc Newton, NC April 13, 2009. 73,924 Amsted Rail Company, Inc., Subsidiary of Amsted, Leased Workers from Kelly Services and Account Temps Granite City, IL April 14, 2009. 74,122 Markovitz Enterprises, Inc., Flowline Division New Castle, PA May 19, 2009. 74,184 Innovative Surgical Products, ISSAL Medical Company, Leased Workers from Manpower Tustin, CA May 21, 2009. 74,207 Wendy Fashion, Inc. New York, NY May 18, 2009. 74,219 Cinram Distribution, LLC, Cinram International, Leased Workers from Ambassador Personnel, etc LaVergne, TN June 9, 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 72,715 Bogner of America, Inc., Willy Bogner GMBH and Company Newport, VT October 28, 2008. 72,910 Carl Zeiss IMT Corporation, Leased Workers of Award Staffing, Sysdyne Corp., Office Team, Nycor, etc Maple Grove, MN November 18, 2008. 72,962 American Axle and Manufacturing Oxford, MI November 3, 2008. 72,976 Deutsche Bank Services New Jersey, Inc., Finance Division Jersey City, NJ November 27, 2008. 73,317A Sappi Fine Paper N.A., a subsidiary of Sappi Ltd, Research and Development Group, including Alternative Solutions, Manpower, Adecco Westbrook, ME January 20, 2009. 73,482 Provisional, Office Team, Volt and Aerotek, Molina Healthcare, Medical Affairs-Credentialing Group Spokane, WA January 29, 2009. 73,539 Georgia-Pacific Consumer Products LP, Georgia-Pacific, LLC, Leased Workers from Encadria Staffing Solutions Green Bay, WI February 16, 2009. 73,932 Amdocs BCS, Inc., BC&S Division, Amdocs, Inc El Dorado Hills, CA April 8, 2009. 73,956 Siemens IT Solutions and Services, Inc., Siemens Corp., Leased Workers Native Staffing, Indotronix and Connexion Mason, OH April 17, 2009. 73,966 Nortel Networks, CVAS Test Organization Research Triangle Park, NC April 19, 2009. 73,970 CareFusion 2200, Inc., Leased Workers from Adecco, Inc. and Snelling Riverside, CA April 16, 2009. 74,010 General Electric Control Products, Fabricated Parts Group Morrison, IL April 26, 2009. 74,010A General Electric Control Products, Motor Control Switch Group Morrison, IL April 26, 2009. 74,044 Simport Corporation, Les Plastique Simport LTEE Fairfax, VT April 15, 2009. 74,055 Harman International Industries, Inc., Shared Services Unit, Leased Workers from Aerotek, Accountants, etc Novi, MI May 5, 2009. 74,072 Allegiance Industries, Working on Site at Trinity North American Freight Car Cartersville, GA May 2, 2009. 74,189 Agilent Technologies, Inc., Leased Workers from Volt Workforce Solutions, ABM Janitorial Services, etc Liberty Lake, WA June 2, 2009. 74,229 DP/DHL, DHL Information Services (Americas) Allentown, PA August 11, 2008. 74,230 DP/DHL, DHL Information Services (Americas) Riverside, CA August 11, 2008. 74,232 DP/DHL, DHL Information Services (Americas) Wilmington, OH August 11, 2008. 74,233 DP/DHL, DHL Information Services (Americas) Plantation, FL August 11, 2008. 74,234 DP/DHL, DHL Information Services (Americas) Houston, TX August 11, 2008. 74,236 DP/DHL, DHL Information Services (Americas) Renton, WA August 11, 2008. 74,242 Steris Corporation Erie, PA June 20, 2010. 74,242A Steris Corporation, Staffing Solutions, Express, CDI, Belcan and Amotec, Working on Site Steris Erie, PA June 14, 2009. 74,329 Portage Electric Products, Inc North Canton, OH June 23, 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.Start Printed Page 45163
TA-W No. Subject firm Location Impact date 72,795 FreightCar America, Inc., Administrative Office Johnstown, PA November 6, 2008. 73,213 Johnson Controls-Hoover Universal, Inc., Automotive Experience, Leased Workers Trans Advantage & Express Employment Livermore, CA January 4, 2009. 73,363 Republic Engineered Products, Inc., Massillon Cold Finished Plant Massillon, OH January 21, 2009. 73,363A Republic Engineered Products, Inc., Central Machine/Fabrication Facility Massillon, OH January 21, 2009. 73,465 Techma U.S.A., Inc., Leased Workers from Kelly Temporary Services Gretna, VA February 3, 2009. 73,680 Hirschmann Automation and Control, A Subsidiary of Belden, Inc Chambersburg, PA March 1, 2009. 73,791 Burlington Manufacturing Services, A Division of Burlington Technologies Burlington, NC March 17, 2009. 73,791A Se7en, A Division of Burlington Technologies Gibsonville, NC March 17, 2009. 73,805 Henkel Corporation, Electronics Adhesives Division, Leased Workers Aerotek Professional Billerica, MA March 23, 2009. 73,859 Watkins Shepard Trucking, Inc., Including on-site Independent Contractors Missoula, MT March 23, 2009. 73,861 Automatic Feed Company, Leased Workers from Manpower Napoleon, OH March 22, 2009. 73,908 Quality Enhancement Services, LLC, Leased Workers of Cornerstone Staffing Solutions Fremont, CA April 12, 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 74,212 Appeal-Democrat Inc., Division of Freedom Newspapers, Accounting Department Marysville, CA 74,304 Robin Manufacturing, USA, Inc Hudson, WI 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 72,172 Cessna Aircraft Company Wichita, KS 72,269 Thermal Product Solutions, SPX Corporation, Leased Workers from Kelly Services New Columbia, PA 72,627 Millwork Distributors, Inc. Oshkosh, WI 72,673 Weather Shield Manufacturing, Inc., Corporate Office Medford, WI 72,677 GE Oil and Gas Operations, LLC, Application Engineering Group Oshkosh, WI 72,678 Sand Dollar Drilling, LP San Angelo, TX 72,747 Patterson UTI San Angelo, TX 72,796 Bar Processing Corporation, Flat Rock Metal, Inc Hammond, IN 72,833 GEO Specialty Chemicals Deer Park, TX 72,852 General Motors Company, FKA General Motors Corp., Spring Hill Assembly Plant Spring Hill, TN 72,930 Kik Custom Products, Inc., Kik Aerosol Socal, LLC, City of Industry Plant, Leased Workers Adecco Services City of Industry, CA 73,008 Nortels Networks, LTD, CDMA Core Development, Carrier Networks Organization Richardson, TX 73,142 General Electric Aviation, Division of General Electric Corporation Albuquerque, NM 73,172 Rusnak/Pasadena Pasadena, CA 73,180 Spacelabs Healthcare, OSI Systems, Inc., Research and Development Issaquah, WA 73,210 MetLife Moosic, PA 73,210A MetLife Clarks Summit, PA 73,265 HSBC Finance Corporation, Consumer & Mortgage Lending, Beneficial Division, HSBC North America Holdings Southern Pines, NC 73,282 NCR Corporation Dayton, OH 73,305 Reddog Industries, Inc Erie, PA 73,377 Toppan PhotoMasks, Inc Kokomo, IN 73,715 Axiant, LLC Huntersville, NC 73,737 Cullman Casting Corporation, North Vernon Industry Corporation Cullman, AL 73,819 KGP Telecommunications, Inc South Bend, IN 73,823 Demag Cranes & Components Corporation Cleveland, OH 73,921 Coaches! 101 (PAC) Jersey City, NJ 74,045 Buell Motorcycle Company, LLC East Troy, WI Start Printed Page 45164 74,063 TRG Insurance Solutions, LLC Beckley, WV 74,177 B/E Aerospace, Inc., Consumable Management Division Roanoke, TX 74,228 Coty Inc., FKA La Salle Laboratories, Division of Del Laboratories, Inc Little Falls, NY 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 in cases where these petitions were not filed in accordance with the requirements of 29 CFR 90.11. Every petition filed by workers must be signed by at least three individuals of the petitioning worker group. Petitioners separated more than one year prior to the date of the petition cannot be covered under a certification of a petition under Section 223(b), and therefore, may not be part of a petitioning worker group. For one or more of these reasons, these petitions were deemed invalid.
TA-W No. Subject firm Location Impact date 73,522 Nortel Networks, LTD Richardson, TX. 73,686 MWH Americas, Inc., Silver City Office, Freeport-McMoran Tyrone Mining, LLC Tyrone, NM. 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 74,295 Diversco Integrated Services, WorldColor Division, Diversco Integrated Services Dyersburg, TN. I hereby certify that the aforementioned determinations were issued during the period of July 12, 2010 through July 16, 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: July 20, 2010.
Michael W. Jaffe,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-18832 Filed 7-30-10; 8:45 am]
BILLING CODE 4510-FN-P
Document Information
- Published:
- 08/02/2010
- Department:
- Employment and Training Administration
- Entry Type:
- Notice
- Document Number:
- 2010-18832
- Pages:
- 45161-45164 (4 pages)
- PDF File:
- 2010-18832.pdf