2012-7797. 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 March 12, 2012 through March 16, 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 number	Subject firm	Location	Impact date
81,143	Armstrong Hardwood Flooring Company, Armstrong Woods Products, Inc., Armstrong World Industries, Inc.	Beverly, WV	January 24, 2011.
81,343	Adcom Wire Company, Leggett & Platt, Inc.	Nicholasville, KY	February 16, 2011.
81,350	Fashion Ability Inc.	New York, NY	February 19, 2011.
81,352	Simclar, Inc., Ohio (Dayton) Division, Aerotek, Staffmark, and Office Team	Dayton, OH	February 17, 2011.
81,366	Sunrise Wood Products, Lumber Products, Aerotek	Spokane Valley, WA	February 23, 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 number	Subject firm	Location	Impact date
81,127	Western Union, OV/VIGO Accounting Team, Compliance Division, Ops. Division, 360 Degrees	Englewood, CO	February 13, 2010.
81,157	AAA Northern California, Nevada & Utah Insurance Exchange, Finance Division	Fairfield, CA	February 13, 2010.
81,217	Elliott Homes, Inc., Solitaire Holdings, LLC	Madill, OK	February 13, 2010.
81,262	Thermadyne Industries, Inc., Information Technology Helpdesk	Denton, TX	January 23, 2011.
81,285	The Aftermarket Group, TAG (West) Division, Invacare Corporation	Sacramento, CA	January 30, 2011.
81,319	TE Connectivity, Datacomm Division	Middletown, PA	February 9, 2011.
81,340	The Berry Company, LLC, TBD Holdings I, Inc.	Dayton, OH	October 2, 2011.
81,347	SenoRX, Bard Biopsy Systems, Wages Reported under Bard Biopsy Sys., Select Staffing	Irvine, CA	February 16, 2011.
81,356	The W.E. Bassett Company, Pacific World, Monroe Staff, Coworx, Jace, Hamilton, Nesco	Shelton, CT	February 8, 2011.
81,359	Codi Inc.	Tower City, PA	February 22, 2011.
81,361	The State Journal-Register, GateHouse Media Illinois Holdings II, Creative Services Department	Springfield, IL	February 17, 2011.
81,362	Prairie Mountain Publishing, Medianews Group Daily Camera, Advertising Layout & Design Gp, Lehman Commun	Boulder, CO	February 23, 2011.
81,377	Allied Motion Motor Products, Owosso Technology Unit	Owosso, MI	February 21, 2011.
81,399	Gerber Scientific, Inc., Information Technology (IT) Department	Tolland, CT	March 5, 2011.
81,402	Conesys	Torrance, CA	February 20, 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 number	Subject firm	Location	Impact date
81,130	Superior Plating, Inc., Spectrum Staffing and Platinum Staffing	Minneapolis, MN	February 13, 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 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 number	Subject firm	Location	Impact date
81,190	Graphic Packaging International, Consumer Packaging Division	Lawrenceburg, TN
81,351	Truseal Technologies, Inc., Quanex Building Products Corporation	Barbourville, KY

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 number	Subject firm	Location	Impact date
81,259	MISA Metal Blanking, Inc., Marubeni Itochu Steel America, Express Employment Professionals	Howell, 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 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 number	Subject firm	Location	Impact date
81,327	Diversified Machine, Inc.	Howell, MI

I hereby certify that the aforementioned determinations were issued during the period of March 12, 2012 through March 16, 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.

Dated: March 22, 2012.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.