76 FR 37 pgs. 10396-10400 - Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

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Type: NOTICEVolume: 76Number: 37Pages: 10396 - 10400

FR document: [FR Doc. 2011-4091 Filed 2-23-11; 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 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 January 31, 2011 through February 4, 2011.

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
74,157	Home Fashions International, LLC	Taylorsville, NC	May 22, 2009.
74,764	3 Sons Manufacturing	Hayden, ID	October 20, 2009.
74,839	St. John Knits, Inc.	Irvine, CA	November 3, 2009.
74,849	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Washington, etc	Federal Way, Spokane and Tacoma, WA	October 24, 2009.
74,849A	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Alabama	All Locations Across Alabama, AL	October 24, 2009.
74,849AA	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Oklahoma	All Locations Across Oklahoma, OK	October 24, 2009.
74,849B	ILevel By Weyerhaeuser, Residential Sales, Workers on-site in Phoenix, Arizona	Phoenix, AZ	October 24, 2009.
74,849BB	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Oregon	Beaverton and Eugene, OR	October 24, 2009.
74,849C	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across California	Carlsbad, Fontana, Fresno, Irvine, Long Beach, etc., CA	October 24, 2009.
74,849CC	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Pennsylvania	Easton and Murrysville, PA	October 24, 2009.
74,849D	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Colorado	Henderson, CO	October 24, 2009.
74,849DD	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across South Carolina	All Locations Across South Carolina, SC	October 24, 2009.
74,849E	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Connecticut	All Locations Across Connecticut, CT	October 24, 2009.
74,849EE	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Texas	Carrollton, Houston and Selma, TX	October 24, 2009.
74,849F	ILevel By Weyerhaeuser, Residential Sales, Workers on-site in Jacksonville and Tampa	Jacksonville and Tampa, FL	October 24, 2009.
74,849FF	ILevel By Weyerhaeuser, Residential Sales, Workers on-site in Smyrna	Smyrna, TN	October 24, 2009.
74,849G	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Georgia	Dacula and Duluth, GA	October 24, 2009.
74,849GG	ILevel By Weyerhaeuser, Residential Sales, Workers on-site in Salt Lake City, Utah	Salt Lake City, UT	October 24, 2009.
74,849H	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Illinois	Naperville, IL	October 24, 2009.
74,849HH	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Vermont	All Locations Across Vermont, VT	October 24, 2009.
74,849I	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Indiana	All Locations Across Indiana, IN	October 24, 2009.
74,849II	ILevel By Weyerhaeuser, Residential Sales, Workers on-site in Richmond, Virginia	Richmond, VA	October 24, 2009.
74,849J	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Iowa	All Locations Across Iowa, IA	October 24, 2009.
74,849JJ	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across West Virginia	All Locations Across West Virginia, WV	October 24, 2009.
74,849K	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Kansas	Lenexa, KS	October 24, 2009.
74,849KK	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Wisconsin	All Locations Across Wisconsin, WI	October 24, 2009.
74,849L	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Louisiana	All Locations Across Louisiana, LA	October 24, 2009.
74,849M	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Maryland	Baltimore, MD	October 24, 2009.
74,849N	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Massachusetts	All Locations Across Massachusetts, MA	October 24, 2009.
74,849O	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Michigan	All Locations Across Michigan, MI	October 24, 2009.
74,849P	ILevel By Weyerhaeuser, Residential Sales, Workers on-site in Edina and St. Paul	Edina and St. Paul, MN	October 24, 2009.
74,849Q	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Mississippi	Long Beach, MS	October 24, 2009.
74,849R	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Missouri	All Locations Across Missouri, MO	October 24, 2009.
74,849S	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Montana	All Locations Across Montana, MT	October 24, 2009.
74,849T	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across Nebraska	Omaha, NE	October 24, 2009.
74,849U	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across New Hampshire	Bedford, NH	October 24, 2009.
74,849V	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across New Jersey	Marlton, NJ	October 24, 2009.
74,849W	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across New Mexico	Albuquerque, NM	October 24, 2009.
74,849X	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across New York	All Locations Across New York, NY	October 24, 2009.
74,849Y	ILevel By Weyerhaeuser, Residential Sales, Teleworkers Across North Carolina	Charlotte, NC	October 24, 2009.
74,849Z	ILevel By Weyerhaeuser, Residential Sales, Workers on-site in Worthington	Worthington, OH	October 24, 2009.
75,112	Gam Manufacturing Company	Lancaster, PA	January 17, 2010.

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
74,672	Dell, Inc., Formerly Perot Systems; Insurance Solutions Operations	Lincoln, NE	September 7, 2009.
74,716	Dell, Inc., Dell Financial Services Fraud Prevention Operations	Austin, TX	October 8, 2009.
74,944	Kop-Flex, Inc., Subsidiary of Emerson Power Transmission	Hanover, MD	November 1, 2009.
74,971	Seton Company, Johnson Controls, Inc.	Saxton, PA	December 6, 2009.
74,989	J. M. Smucker Company, The Folgers Coffee Company	Sherman, TX	December 13, 2009.
75,015	Optima, Inc., Subsidiary of Washi Beam Company, Ltd	Stratford, CT	December 17, 2009.
75,022	Carole Hochman Design Group, Inc., Charles Komar & Sons, Inc.; Leased Workers from Spherion	Williamsport, PA	December 17, 2009.
75,047	JPMorgan Chase and Company, Retail Financial Services, Production Assurance Center	Columbus, OH	December 27, 2009.
75,056	Ericsson Services, Inc., Ericsson, Inc., Service Assurance, Deployment, IS/IT	Overland Park, KS	December 29, 2009.
75,120	Steelcase Inc., North America Division, Leased Workers of Manpower, Inc	Grand Prairie, TX	January 18, 2010.
75,120A	Steelcase Inc., North America Division, Manpower, Inc.	Grand Rapids, MI	January 18, 2010.
75,122	Imation Corporation, Research and Development and Engineering, Pilot Plant	Oakdale, MN	January 18, 2010.

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
74,224	DRS Mobile Environmental Systems Company, DRS Technologies, Inc.; Leased Workers Express Employment Professionals, etc	Cincinnati, OH	June 10, 2009.
75,142	Oak Creek Consolidated, Inc.	Yorktown, VA	January 25, 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) (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
73,842	CCCi Workers, Employed On-Site at Bank of America	Addison, TX
74,262	Analogic Corporation, OEM Medical Group; Analogic Corporation Consolidated	Peabody, MA
74,262A	Analogic Corporation, Security Imaging Systems Division; Analogic Corporation Consolidated	Peabody, MA
74,664	Joseph T. Ryerson and Son, Inc.	Chicago, IL
74,708	Caire, Inc., Biomedical Group	Plainfield, IN
74,749	Alorica	Manhattan, KS
74,923	Martinrea Heavy Stamping, Martinrea International Division	Shelbyville, KY

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
74,843	Sundance Spas, Inc.	Chino Hills, CA
74,922	Hendricks Furniture Group, Classic Moving and Storage	Conover, NC

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
74,439	Bruss North America, Inc.	Russell Springs, KY
75,109	DATROSE, Working on-site at International Business Machines	Endicott, NY

I hereby certify that the aforementioned determinations were issued during the period of January 31, 2011 through February 4, 2011. 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, NW., 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: February 9, 2011.

Elliott S. Kushner,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2011-4091 Filed 2-23-11; 8:45 am]

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