75 FR 171 pgs. 54184-54188 - Notice of Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance

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Type: NOTICEVolume: 75Number: 171Pages: 54184 - 54188

FR document: [FR Doc. 2010-22104 Filed 9-2-10; 8:45 am]

Agency: Labor Department

Sub Agency: Employment and Training Administration

Official PDF Version: PDF Version

DEPARTMENT OF LABOR

Employment and Training Administration

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 USC 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 August 16, 2010 through August 20, 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 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
73,352	Republic Special Metals, Inc., Patriot Morgan, Inc.	Canton, OH	January 20, 2009.
73,501	National Emblem, Inc.	Carson, CA	February 12, 2009.
73,632	Simclar Interconnect Technologies, Inc., Leased Workers from Express Employment Professionals	Ozark, MO	March 1, 2009.
74,042	Filtran LLC, Leased Workers from Skills Employment Personnel	Lugoff, SC	April 27, 2009.
74,201	Mt. Taylor Millwork, Inc	Milan, NM	May 24, 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
73,561	Musashi Auto Parts Michigan, Inc., Musashi Seimitsu Industry Company, Ltd.; Leased Workers Spherion	Battle Creek, MI	February 23, 2009.
73,620	Ticona Polymers, Celanese Corporation; Polymer Production Unit; Leased Workers from Mundy	Grover, NC	February 22, 2009.
73,676	Apria Healthcare, Customer Service Department	Birmingham and Mobile, AL	March 8, 2009.
73,676A	Apria Healthcare, Customer Service Department	Little Rock and Lowell, AR	March 8, 2009.
73,676B	Apria Healthcare, Customer Service Department	Bullhead City and Other Cities, AZ	March 8, 2009.
73,676C	Apria Healthcare, Customer Service Department	Lancaster and Other Cities, CA	March 8, 2009.
73,676D	Apria Healthcare, Customer Service Department	Durango, CO	March 8, 2009.
73,676E	Apria Healthcare, Customer Service Department	Cromwell, CT	March 8, 2009.
73,676F	Apria Healthcare, Customer Service Department	Fort Myers and Other Cities, FL	March 8, 2009.
73,676G	Apria Healthcare, Customer Service Department	Athens and Other Cities, GA	March 8, 2009.
73,676H	Apria Healthcare, Customer Service Department	Collinsville, Il	March 8, 2009.
73,676I	Apria Healthcare, Customer Service Department	Colby and Other Cities, KS	March 8, 2009.
73,676J	Apria Healthcare, Customer Service Department	Baton Rouge and Other Cities, LA	March 8, 2009.
73,676K	Apria Healthcare, Customer Service Department	Cameron and Other Cities, MO	March 8, 2009.
73,676L	Apria Healthcare, Customer Service Department	Biloxi, MS	March 8, 2009.
73,676M	Apria Healthcare, Customer Service Department	Arden and Other Cities, NC	March 8, 2009.
73,676N	Apria Healthcare, Customer Service Department	Albuquerque, NM	March 8, 2009.
73,676O	Apria Healthcare, Customer Service Department	Henderson and Sparks, NV	March 8, 2009.
73,676P	Apria Healthcare, Customer Service Department	Tulsa, OK	March 8, 2009.
73,676Q	Apria Healthcare, Customer Service Department	Duncan and Other Cities, SC	March 8, 2009.
73,676R	Apria Healthcare, Customer Service Department	Chattanooga and Other Cities, TN	March 8, 2009.
73,676S	Apria Healthcare, Customer Service Department	Amarillo and Other Cities, TX	March 8, 2009.
73,676T	Apria Healthcare, Customer Service Department	Layton and Salt Lake City, UT	March 8, 2009.
73,676U	Apria Healthcare, Customer Service Department	Spokane, WA	March 8, 2009.
73,826	Kincaid, Inc.	Athens, TN	March 31, 2009.
73,847	PricewaterhouseCoopers, LLP, Internal Firm Services Client Account Administrators Group	Florham Park, NJ	March 22, 2009.
73,907	Sherrill Manufacturing, Inc.	Sherrill, NY	April 12, 2009.
73,951	Ethicon, Johnson & Johnson; Leased Workers Kelly Temporary Services	San Angelo, TX	April 13, 2009.
74,077	Robb and Stucky LTD., LLLP, Leased Workers Spartan Staffing	Lincolnton, NC	May 11, 2009.
74,180	Panasonic Home Appliances Company of America, Panasonic Corporation of North America; Leased Workers Nesco Resource, etc	Danville, KY	April 24, 2009.
74,300	Als Holdings, Inc., Formerly known as Apex Label and Systems, Inc., Tapp Technologies, Inc	Clackamas, OR	June 24, 2009.
74,369	Lanxess Sybron Chemicals, Inc., Lanxess Corporation; Leased Workers from Belcan Corporation	Birmingham, NJ	March 19, 2010.
74,372	Metalsa Structural Products, Inc., Formerly Dana Holding Corporation, Product Engineering Group	Pottstown, PA	June 14, 2009.
74,373	Metlife Group, Inc., Technology & Operations Division; Customer Sales & Service Unit; etc	West Warwick, RI	July 12, 2009.
74,390	Haldex Brake Corporation, Commercial Vehicle Systems	Iola, KS	July 15, 2009.
74,422	World Color (USA), LLC, Dyersburg Division; Staffmark, Diversco, Metro	Dyersburg, TN	July 16, 2009.
74,435	Philips Professional Luminaries, Philips Lighting; Leased Workers from Adecco	Union, NJ	July 21, 2009.
74,463	Kimble Chase Life Science and Research Products, LLC, Leased Workers from Manpower	Vineland, NJ	July 14, 2009.
74,470	Standard Microsystems Corporation, Also Known as SMSC; Production Test Division	Hauppauge, NY	August 2, 2012.
74,486	Precision Dormer, LLC, Crystal Lake Supply Unit, Sandvik, Leased Workers from Staff Mark	Crystal Lake, IL	August 3, 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.

TA-W No.	Subject firm	Location	Impact date
74,160	American General-AIG, Life Brokerage; American International Group	Wauwatosa, WI	May 27, 2009.
74,258	RWD Technologies, LLC, RWD Technologies, Inc.; National Practices; etc	Troy, MI	May 26, 2009.
74,335	Jatal, Inc., Accel Plastics; Leased Workers from Smart Talent	Auburn, WA	June 30, 2009.

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
73,096	USF Holland, Inc., Detroit Service Center; YRC Worldwide	Romulus, MI	November 18, 2008.
73,802	JD Irving Woodland, LLC	Fort Kent, ME	March 15, 2009.
73,945	Carlen Transport, Inc.	Hampden, ME	April 7, 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 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
72,729	International Paper, Pineville Mill, Industrial Packaging Group	Pineville, LA.
73,030	Apex Systems, Inc., Working on-site at Verizon Business Network Services, Inc	Colorado Springs, CO.
73,108	TEKsystems, Inc., Allegis Group, Inc.; Doing Business as Aerotek	Pittsburgh, PA.
73,228	Superior Technical Resources, Inc., Classmates.com	Seattle, WA.
73,281	Shorewood Packaging, International Paper Company, Leased Workers Ameristaff Staffing	Danville, VA.
73,383	Conner Steel Products, Inc.	San Angelo, TX.
73,848	MDM Supply Company	Missoula, MT.
74,132	DuPont Performance EElastomers, Hypalon Unit	Nederland, TX.
74,310	Eli Lilly and Company, Business System Operations	Indianapolis, IN.
74,327	Anthem Blue Cross Blue Shield, Claim Management Services, Inc. Operations, A Division of Wellpoint, Inc	Green Bay, WI.
74,347	NCR Corporation, USPS Help Desk of Customer Care Center, Leased Workers of Volt Consulting	West Columbia, SC.
74,395	FTCA, Inc.	Somerset, PA.

The investigation revealed that the criteria under paragraphs (b)(2) and (b)(3) (public agency acquisition of services from a foreign country) of section 222 have not been met.

TA-W No.	Subject firm	Location
74,331	Madison County Employment and Training, Administration Building	Wood River, IL.
74,331A	Madison County Employment and Training, Field Office	Granite City, IL.
74,331B	Madison County Employment and Training, Field Office	Alton, IL.
74,331C	Madison County Employment and Training, Field Office	Edwardsville, IL.
74,331D	Madison County Employment and Training, Field Office	Glen Carbon, IL.

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
73,979	Hagemeyer North America, Chambersburg Distribution Center	Chambersburg, PA.
74,067	Kartheiser Trucking, Inc.	Columbia Falls, MT.
74,485	Akzo Nobel Nonstick Coatings	Des Plaines, IL.

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
73,145	M & L Manufacturing, Inc. and The Jewelry Stream	Los Angeles, CA.

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
73,770A	Chrysler Group, LLC, St. Louis North Plant	Fenton, MO.
73,807	Keane, Inc., Working On-Site at Teachers Insurance Annuity Association (TIAA-CREF)	Boston, MA.
73,937	Apria Healthcare, Customer Service Division	Duluth, 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
74,522	HealthPlan Services	Tampa, FL.

The following determinations terminating investigations were issued because the Department issued a negative determination on petitions related to the relevant investigation period applicable to the same worker group. The duplicative petitions did not present new information or a change in circumstances that would result in a reversal of the Department's previous negative determination, and therefore, further investigation would duplicate efforts and serve no purpose.

TA-W No.	Subject firm	Location	Impact date
73,770	Chrysler Group, LLC, St. Louis South Plant	Fenton, MO.

I hereby certify that the aforementioned determinations were issued during the period of August 16, 2010 through August 20, 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, N., 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.

Dated: August 27, 2010.

Michael W. Jaffe,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. 2010-22104 Filed 9-2-10; 8:45 am]

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