77 FR 218 pgs. 67403-67406 - Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Type: NOTICEVolume: 77Number: 218Pages: 67403 - 67406
FR document: [FR Doc. 2012-27419 Filed 11-8-12; 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 October 22, 2012 through October 26, 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 |
|---|---|---|---|
| 81,747 | Logan Industries | Spokane, WA | January 26, 2012. |
| 81,747A | Aerotek Commercial, Inc., Working On-Site at Logan Industries | Spokane, WA | June 14, 2011. |
| 81,861 | Marlatex Corporation | Belmont, NC | August 3, 2011. |
| 82,052 | Envelope Product Group, LLC, Cenveo Corporation | Kenosha, WI | October 2, 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 |
|---|---|---|---|
| 81,857 | Cordia IP Corporation, Cordia Communications Corporation | Winter Garden, FL | August 4, 2011. |
| 81,904 | American Showa, Inc., Blanchester Plant, Adecco | Blanchester, OH | August 16, 2011. |
| 81,945 | Pfizer Therapeutic Research, Pfizer Worldwide R&D, Warner Lambert, Charles River, etc | Groton, CT | September 5, 2011. |
| 81,949 | SDL Enterprise Technologies, Inc., Help Desk | Chicago, IL | September 6, 2011. |
| 81,951 | AGI-Shorewood | Weaverville, NC | September 6, 2011. |
| 81,960 | Verizon Business Networks Services, Inc., Verizon Services Organization, Senior Coordinator-Customer Service | Highlands, CO | September 7, 2011. |
| 81,962 | Verizon Business Networks Services, Inc., Lead Specialist-Technical Service and Manager-Technical Service | Richardson, TX | September 10, 2011. |
| 81,962A | Verizon Business Networks Services, Inc., Lead Specialist-Technical Service and Manager-Technical Service | Rancho Cordova, CA | September 10, 2011. |
| 81,962B | Verizon Business Networks Services, Inc., Lead Specialist-Technical Service and Manager-Technical Service | Patchogue, NY | September 10, 2011. |
| 81,962C | Verizon Business Networks Services, Inc., Lead Specialist-Technical Service and Manager-Technical Service | Rye Brook, NY | September 10, 2011. |
| 81,962D | Verizon Business Networks Services, Inc., Lead Specialist-Technical Service and Manager-Technical Service | San Antonio, TX | September 10, 2011. |
| 81,962E | Verizon Business Networks Services, Inc., Lead Specialist-Technical Service and Manager-Technical Service | Ashburn, VA | September 10, 2011. |
| 81,969 | Schawk Minneapolis | Minneapolis, MN | October 17, 2011. |
| 81,986 | Genzyme Corporation, Sanofi S.A., Enterprise IT Network Operations Center, Pro-Unlimited | Framingham, MA | September 20, 2011. |
| 81,991 | Delphi Electronics and Safety, Delphi Corporation | Kokomo, IN | March 25, 2012. |
| 81,991A | Leased Workers from ACRO Service Corporation, Advantage, Technical Resources, Aerotek, Delphi Electronics, Delphi Corp | Kokomo, IN | September 20, 2011. |
| 81,991B | Delphi Electronics and Safety, Delphi Corporation, Alliance Group Technologies, Bartech Group, etc | Auburn Hills, MI | September 20, 2011. |
| 81,993 | Experian Marketing Solutions, Data Marketing Service Division, Tapfin Manpower Group Solutions | Schaumburg, IL | September 20, 2011. |
| 81,995 | Bank of America, Internal Recon Control (IRC), Corp. Infrastructure Finance Division | Seattle, WA | September 19, 2011. |
| 82,001 | Royal Appliance Manufacturing Company, dba TTI Flooring Care N.A., Hoover, Inc | Canton, OH | September 25, 2011. |
| 82,001A | Royal Appliance Manufacturing Company, dba TTI Flooring Care N.A., Hoover, Inc | North Canton, OH | September 25, 2011. |
| 82,010 | Dell Marketing L.P., Public Sales in Major Public Accounts, Select Public Accounts, etc | Round Rock, TX | September 26, 2011. |
| 82,020 | Asheboro Wire Plant-Hyosung USA, On-site Leased Workers from Defender Staffing, Starr Electric Company, etc | Asheboro, NC | September 28, 2011. |
| 82,063 | Fashion Tech, Inc., A Division of Hunter Douglas | Portland, OR | October 8, 2011. |
| 82,070 | The Great Atlantic & Pacific Tea Company, Inc., Accounting Clerks | Montvale, NJ | October 10, 2011. |
| 82,072 | The Denver Post, Circulation Call Center, Ultimate Staffing Service | Denver, CO | October 11, 2011. |
| 82,073 | Sartorius Stedim SUS, Inc., Sartorius Group North America, Aerotek | Concord, CA | October 12, 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 |
|---|---|---|---|
| 81,974 | Maryland Pig Services L.P | Sparrows Point, MD | September 17, 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 |
|---|---|---|---|
| 81,955 | Pocahontas Machine Works, Inc., A.I.D. Temporary Services, Inc | Pocahontas, AR | September 6, 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 criterion under paragraph (a)(1), or (b)(1), or (c)(1)(employment decline or threat of separation) of section 222 has not been met.
| TA-W No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 81,977 | Flavor House Products, Inc., Ralcorp Holdings, Inc., Ralcorp Snacks, Sauces and Spreads Division | Dothan, AL |
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 |
|---|---|---|---|
| 81,926 | Hewlett Packard, Enterprise Services Division, Applications Best Shore (CAGD) | Pontiac, MI | |
| 81,926A | Hewlett Packard, Enterprise Services Division, Applications Best Shore (CAGD) | Cincinnati, OH |
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 |
|---|---|---|---|
| 81,980 | Bank of America | Addison, TX |
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 |
|---|---|---|---|
| 81,978 | Peabody Energy | Evansville, IN |
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 |
|---|---|---|---|
| 81,997 | Tyco Electronics, Telecom Networks (Business Unit) Division | Shakopee, MN | |
| 82,019 | Delphi Electronics and Safety, Delphi Corporation | Auburn Hills, MI |
I hereby certify that the aforementioned determinations were issued during the period of October 22, 2012 through October 26, 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 1, 2012.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-27419 Filed 11-8-12; 8:45 am]
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