2015-30180. 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 October 26, 2015 through November 6, 2015.

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 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(b) 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(e) 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) not withstanding 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
85,122	Bimbo Bakeries, USA, Inc., BBU, Inc., Earthgrains Baking Companies, Inc.	Wichita, KS	March 5, 2013.
85,197	Bimbo Bakeries, USA, Inc., BBU, Inc., Orograin Bakeries Manufacturing, Inc.	Bay Shore, NY	April 1, 2013.
85,864	Derwich Industries, Inc.	Grayling, MI	March 6, 2014.
86,047	Republic Steel, Cold-Finished Division	Gary, IN	May 29, 2014.
90,059	Radiant Thermal Products Inc.	Roselle, NJ	January 1, 2014.
90,212	Verso Corporation, Androscoggin Mill, Verso Paper, LLC, Elite Staffing	Jay, ME	January 1, 2014.

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
85,003	Warner Brothers Home Entertainment Inc., Warner Home Video Division, Randstad US, Pacific Tech, DLC	Burbank, CA	January 3, 2013.
85,048	British Telecommunications, British Telecommunications Voice Telecommunications, Voice and Change Mgt.	Princeton, NJ	January 31, 2013.
85,182	M*Modal Services, Ltd., Medquist	Franklin, TN	March 30, 2014.
85,744	Kroll Factual Data, Inc., Kroll Inc., Manpower, Aerotek, Appleone	Loveland, CO	December 19, 2013.
85,858	Transcend Services, Inc., Nuance Communications, Inc.	Atlanta, GA	February 25, 2014.
85,858A	Transcend Services, Inc., Nuance Communications, Inc.	Burlington, MA	February 25, 2014.
85,999	Carlson Craft, The Occasions Group, Volt Workforce Solutions, and Spherion	North Mankato, MN	May 7, 2014.
86,058	Merkle Inc., Merkle Group Inc.	Montvale, NJ	June 2, 2014.
90,018	Eaton Corporation, Bartech Group	Watertown, WI	January 1, 2014.
90,019	East Wind Code, Ltd., East Wind Code, Ltd., Vivienne Tam	New York, NY	January 1, 2014.
90,034	Agfa Corporation	City of Industry, CA	January 1, 2014.
90,035	Airtex Products L.P., Airtex Industries, LLC, UCI-Airtex Holdings, Inc., Manpower	Fairfield, IL	December 25, 2015.
90,067	Frutarom USA Inc.	North Bergen, NJ	January 1, 2014.
90,077	DENTSPLY International Inc., Corporate Division, Addeco, JFC Global, Accountemps	York, PA	January 1, 2014.
90,086	American Express Travel Related Services Company, Inc., Global Credit Administration (GCA), Global Fraud Protection Services, etc.	Salt Lake City, UT	January 1, 2014.
90,102	Apex Tool Group, LLC, Kelly Services, Inc., CPS Professionals	Cortland, NY	January 1, 2014.
90,109	Echo Bay Minerals Company, Kinross Gold Corporation, Spring Clean, Stotts Construction, Inc., etc.	Republic, WA	January 1, 2014.
90,112	Mondelez Global LLC, Integrated Supply Chain Division, Mondelez International, Fayette Industrial	Chicago, IL	January 1, 2014.
90,120	Kelly-Smith Printing & Paper	Newport, ME	January 1, 2014.
90,133	Eastland Shoe Corporation, Labor Ready and Bonney Staffing	Freeport, ME	January 1, 2014.
90,137	CyOptics, Inc., Avago Technologies Limited, Laser Package Department, Aerotek, etc.	Breinigsville, PA	January 1, 2014.
90,152	Micro Pneumatic Logic, Inc., MFG., Affinity Resources, LLC	Pompano Beach, FL	January 1, 2014.
90,173	Diamond Power International, Inc., Diamond Power Specialty Company, Babcock; Wilcox Company	Lancaster, OH	January 1, 2014.
90,176	National Captioning Institute, Inc., Spanish Real-Time Captioning	Dallas, TX	January 1, 2014.
90,218	Legend3D, Inc.	Carlsbad, CA	January 1, 2014.
90,235	Parker Hannifin Corporation (Fontana Location), Medical Systems Division, Workforce Solutions, Office Team	Fontana, CA	January 1, 2014.
90,243	Gildan Garments, Inc., Gildan Activewear, Inc., Comfort Colors by Chouinard, Kelly Services, Inc.	Northfield, VT	January 1, 2014.
90,251	Caterpillar, Inc., Large Power Systems Division, A to Z Sheet Metal, Inc., etc.	Lafayette, IN	January 1, 2014.
90,258	Rexton, Sivantos, Inc.	Plymouth, MN	January 1, 2014.
90,334	Cummins Filtration, Cummins Inc., Apollo Security	Lake Mills, IA	October 25, 2015.
91,000	TitanX Engine Cooling	Jamestown, NY	September 21, 2014.
91,002	Newell Rubbermaid, Inc., Na-Newekk Rubbermaid, Human American Data Center, Huges Resources	Freeport, IL	September 28, 2014.

The following certifications have been issued. The requirements of section 222(b) (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
90,095	Green Diamond Resource Company, Manpower	Shelton, WA	January 1, 2014.

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) and (b)(1) (employment decline or threat of separation) of section 222 has not been met.

TA-W No.	Subject firm	Location	Impact date
85,089	Bank of America, Global Technology Trading Support	San Jose, CA.
86,007	Goldwin America, Inc., Goldwin, Inc., Sales and Marketing Unit	Manhattan Beach, CA.
90,091	Industrial Television Services, Inc., General Edward Lawrence Logan International Airport	Boston, MA.
90,301	Kennedy Consulting, Inc	Eagle River, AK.

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
85,208	Lockheed Martin Ship and Aviation Systems, Lockheed Martin Mission Systems and Training, DCR Workforce	Akron, OH.
85,513	Heartland Footwear, Inc.	Pocahontas, AR.
85,737	Quantum Foods, LLC, Rosa Mystica Enterprises, LLC	Bolingbrook, IL.
85,982	Bosch Security Systems, Inc., Security Technology North America, Aerotek	Lancaster, PA.
86,009	Desta Drilling LP	Odessa, TX.
86,078	Best Well Services, LLC	Tulsa, OK.
86,078A	Best Well Services, LLC	Guthrie, OK.
90,044	First Manufacturing Company, Inc., Labor Ready and Essex Temp	Oceanside, 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 because the petitioner has requested that the petition be withdrawn.

TA-W No.	Subject firm	Location	Impact date
85,929	International Business Machines (IBM), GTS Mobility Services (Desk Side Support), 07 (GTS)	Endicott, NY.
90,126	Sealed Air Corporation	Greenville, SC.
90,222	Telesource Services, LLC	Bensenville, IL.
90,223	Telesource Services, LLC	Pontiac, MI.
91,020	East Wind Code LTD	New York, NY.

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
86,079	Airboss Defense Inc.	Milton, VT.
90,144	Arvato Digital Services	Reno, NV.

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
85,617	Day&Zimmermann, Inc., Kansas Division	Parsons, KS.
91,058	Transcend Services, Inc., Nuance Communications, Inc	Atlanta, GA.

The following determinations terminating investigations were issued because the petitions are the subject of ongoing investigations under petitions filed earlier covering the same petitioners.

TA-W No.	Subject firm	Location	Impact date
90,205	Lenovo	Morrisville, NC.
90,274	Legacy Measurement Solutions, Inc., Express Employment Professionals	Bristow, OK.
91,035	Mitsubishi Motors North America, Inc	Normal, IL.

I hereby certify that the aforementioned determinations were issued during the period of October 26, 2015 through November 6, 2015. These determinations are available on the Department's Web site www.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.

Signed at Washington, DC this 10th day of November 2015.

Jessica R. Webster,

Certifying Officer, Office of Trade Adjustment Assistance.