2012-29061. 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 November 5, 2012 through November 9, 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 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
81,892	Basileus Company	Manlius, NY	August 14, 2011.
81,937	Clearon Corporation, ICL-IP Division, ICL (Israel Chemicals Limited)	South Charleston, WV	September 4, 2011.
81,944	JMC Steel Group, Wheatland Tube Company	Wheatland, PA	September 5, 2011.
81,944A	JMC Steel Group, Wheatland Tube Company	Sharon, PA	September 5, 2011.
81,956	Exide Technologies, Transportation Division	Bristol, TN	September 7, 2011.
82,000	Parker Hannifin Corporation, Racor Division, Aerotek and Ambassador Personnel	Beaufort, SC	September 24, 2011.
82,026	FesslerUSA	Orwigsburg, PA	October 1, 2011.
82,026A	Sew Mohr, An Affiliate of FesslerUSA	Reading, PA	October 1, 2011.
82,026B	Key Manufacturing Textiles, Inc., An Affiliate of FesslerUSA	Allentown, PA	October 1, 2011.
82,027	GreenVolts, Inc., Snap Design, Appsun, Delta General Corporation, etc	Fremont, CA	October 1, 2011.
82,043	Advantage Transcription Services	Valencia, CA	September 27, 2011.
82,084	Greene Brothers Furniture Company	North Wilkesboro, NC	September 20, 2011.
82,117	Simple Way Limited Partnership, Doing Business as The Rosary Shop	McMinnville, OR	October 31, 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
81,839	Swisher International, Inc., Spherion	Jacksonville, FL	July 31, 2011.
81,967	OMCO Machining Concepts, Inc	Winchester, IN	August 13, 2011.
81,988	Georgia-Pacific Consumer Products LP, Day Street Location, Georgia-Pacific, Encadria Staffing	Green Bay, WI	July 13, 2012.
82,060	Rolls-Royce Energy Systems, Inc., Rolls-Royce Holdings PLC, Belcan Staffing Solutions	Mount Vernon, OH	September 26, 2011.
82,066	Gatehouse Media MA I, Inc., Creative Services Division	Framingham, MA	October 9, 2011.
82,066A	Gatehouse Media MA I, Inc., Creative Services Division	Marshfield, MA	October 9, 2011.
82,071	Covidien LP, Medical Supplies Segment, SharpSafety Division, Kelly Services, etc	Commerce, TX	October 10, 2011.
82,097	Tholstrup Cheese USA Inc	Norton Shores, MI	October 18, 2011.
82,101	British Telecom Americas, British Telecom Operate	EL Segundo, CA	October 15, 2011.
82,102	PPD Development, LLC	Morrisville, NC	October 17, 2011.
82,102A	PPD Development, LLC	Austin, TX	October 17, 2011.
82,106	Xyratex International, Inc., Xyratex, Ltd., Manpower, Inc	West Sacramento, CA	October 22, 2011.
82,122	Straits Steel and Wire Company, Wire Production Division, SSW Holding Company, Inc	Ludington, MI	October 31, 2011.

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
82,065	Mersen USA St. Marys-PA Corporation, High Temperature Division, Mersen USA BN Corporation	St. Marys, PA	September 24, 2011.

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
82,030	KT-Grant, Inc., RG Steel Sparrows Point, LLC	Export, PA	September 28, 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.

TA-W No.	Subject firm	Location	Impact date
82,040	3V Corporation, Accustaff	Georgetown, SC	May 8, 2011.
82,041	Treasure Coast Fasteners, Advantage HR	Fort Pierce, FL	May 8, 2011.

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)(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
81,989	Siemens Energy, Inc, Renewables (Wind Power) Division	Fort Madison, IA

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
81,740	Graham Packaging Plastic Products, Inc., Graham Packaging Company, Inc	Vandalia, IL
81,958	Comair, Inc	Erlanger, KY
81,959	International Union of Operating Engineers Local 37	Baltimore, MD

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 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
82,038	Verso Paper Corporation, Securitas Security, Manpower, Banick, Beck, Bell, etc	Sartell, MN	November 9, 2012.

I hereby certify that the aforementioned determinations were issued during the period of November 5, 2012 through November 9, 2012. These determinations are available on the Department's Web site tradeact/taa/taa search firm.cfm under the searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll free at 888-365-6822.

Dated: November 14, 2012.

Elliott S. Kushner,

Certifying Officer, Office of Trade Adjustment Assistance.