2012-19465. 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 July 23, 2012 through July 27, 2012.
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 Start Printed Page 47672parts 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.
Start Printed Page 47673TA-W No. Subject firm Location Impact date 81,598 AAR Precision Systems, AAR Corporation Lebanon, KY May 9, 2011. 81,692 AAR Corporation—Summa Technology, Mobility Systems, Cullman Employee Center Cullman, AL May 7, 2011. 81,699 Charles D. Owen Manufacturing Company, Inc., Springs Global US, Inc. Swannanoa, NC July 31, 2012. 81,703 NBC Solid Surfaces Springfield, VT June 8, 2011. 81,726 Cinram Manufacturing, LLC, Cinram International, Onesource Staffing Solutions Olyphant, PA July 17, 2012. 81,726A Cinram Distribution, LLC, Cinram International, Ambassador Personnel, Select Remedy, Wood Personnel LaVergne, TN July 17, 2012. 81,726B Leased Workers from ERG Staffing Service and AA Temporary Services, Working On-Site at Cinram Manufacturing, LLC Olyphant, PA June 14, 2011. 81,726C Leased Workers from AFEEA, All-Star and Elwood, Working On-Site at Cinram Manufacturing, LLC LaVergne, TN June 14, 2011. 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 81,633 International Business Machines (IBM), The Project Service Center, 05—Business Consulting Services, Tele-Workers Orlando, FL May 15, 2011. 81,633A International Business Machines (IBM), The Project Service Center, 05—Business Consulting Services, Tele-Workers Minneapolis, MN May 15, 2011. 81,633B International Business Machines (IBM), The Project Service Center, 05—Business Consulting Services, Tele-Workers Research Triangle, NC May 15, 2011. 81,633C International Business Machines (IBM), The Project Service Center, 05—Business Consulting Services, Tele-Workers Charleston, SC May 15, 2011. 81,633D International Business Machines (IBM), The Project Service Center, 05—Business Consulting Services, Tele-Workers Cincinnati, OH May 15, 2011. 81,673 RBC Manufacturing Corporation, Toolroom Department and Production Machining Dept., Seek Careers/Staffing Grafton, WI October 20, 2011. 81,705 AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers at Mesa, AZ Mesa, AZ June 11, 2011. 81,705A AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers at St. Louis Saint Louis, MO June 11, 2011. 81,705B AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers at San Ramon San Ramon, CA June 11, 2011. 81,705C AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers in NC & GA Alpharetta, GA June 11, 2011. 81,705D AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Inc. Houston, TX June 11, 2011. 81,705E AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers at Durham Durham, NC June 11, 2011. 81,705F AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers at Milwaukee Milwaukee, WI June 11, 2011. 81,705G AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers at Tampa Tampa, FL June 11, 2011. 81,705H AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers at Lisle Lisle, IL June 11, 2011. 81,705I AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Inc Bedminister, NJ June 11, 2011. 81,705J AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Inc Atlanta, GA June 11, 2011. 81,705K AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers at Fishkill Fishkill, NY June 11, 2011. 81,748 Clear Edge Filtration, Kelly Services Skaneateles, NY June 20, 2011. 81,748A Clear Edge Filtration, Kelly Services Moravia, NY June 20, 2011. 81,784 Schawk Retail Marketing, Chicago Division, Schawk, Creative Circle, Aquent, etc. Chicago, IL February 26, 2012. 81,790 WellPoint, Inc., Central Host Claims & Adjustments, incl. UI from The WellPoint Companies, Inc., and off-site in Ohio Worthington, OH June 29, 2011. 81,797 International Business Machines (IBM), U.S. Payroll Department, (1K) Global Process Services Delivery Endicott, NY July 12, 2011. 81,799 Dun & Bradstreet, Inc., The Dun & Bradstreet Corporation, Including Remote Workers Center Valley, PA July 12, 2011. 81,811 Esselte Corporation, Leased Workers from Onin Staffing Morristown, TN July 17, 2011. The following certifications have been issued. The requirements of Section 222(f) (firms identified by the International Trade Commission) of the Trade Act have been met.
Start Printed Page 47674TA-W No. Subject firm Location Impact date 81,641 Sierra Aluminum Company, Including On-Site Leased Workers From Employment Solutions and Areol Riverside, CA May 19, 2010. 81,641A Sierra Aluminum Company, Including On-Site Leased Workers From Employment Solutions Fontana, CA May 19, 2010. 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 81,538 State Journal Register, Camera and Plate Department Springfield, IL. 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 81,653 Hoku Materials, Inc., Hoku Corporation Pocatello, ID. 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 81,651 SFI of Ohio, LLC, Lerman Holding Company New Boston, 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 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 81,803 Arthritis Foundation Pittsburgh, PA. 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 81,727 Cinram Distribution, LLC, Cinram International LaVergne, TN. 81,792 Solo W-2, Inc., Siltronic Corporation Portland, OR. I hereby certify that the aforementioned determinations were issued during the period of July 23, 2012 through July 27, 2012. These determinations are available on the Department's Web site tradeact/taa/taa search form.cfm under the searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll free at 888-365-6822.
Start SignatureDated: July 31, 2012.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-19465 Filed 8-8-12; 8:45 am]
BILLING CODE 4510-FN-P
Document Information
- Published:
- 08/09/2012
- Department:
- Employment and Training Administration
- Entry Type:
- Notice
- Document Number:
- 2012-19465
- Pages:
- 47671-47674 (4 pages)
- PDF File:
- 2012-19465.pdf