77 FR 34 pgs. 9970-9973 - Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Type: NOTICEVolume: 77Number: 34Pages: 9970 - 9973
FR document: [FR Doc. 2012-3924 Filed 2-17-12; 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 January 30, 2012 through February 3, 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 |
|---|---|---|---|
| 80,456 | Woodinville Lumber, Inc | Woodinville, WA | September 15, 2010. |
| 80,530 | The Timken Company, Altavista Bearing Plant, 2M, PIC and Adecco | Altavista, VA | October 18, 2010. |
| 81,015 | Pageland Screen Printers, Inc | Pageland, SC | February 13, 2010. |
| 81,020 | Turner & Seymour Manufacturing Company | Torrington, CT | February 13, 2010. |
| 81,021 | Bayer Cropscience, LP, Leased Workers: Jacobs PSG, Middough Assoc, Adecco, CDI, Becht, etc | Institute, WV | February 13, 2010. |
| 81,022 | Apex Tool Group, Campbell Chain Division; On-site Leased Workers from Adecco | York, PA | February 13, 2010. |
| 81,060 | Rodney Hunt Company | Orange, MA | February 13, 2010. |
| 81,073 | RadiciSpandex Corporation | Tuscaloosa, AL | February 13, 2010. |
| 81,073A | RadiciSpandex Corporation | Gastonia, NC | February 13, 2010. |
| 81,114 | PlumChoice, Inc., Balance Staffing and Insight Global Staffing | Scarborough, ME | February 13, 2010. |
| 81,167 | American Lighting Fixture Corporation, d/b/a Wilshire Manufacturing | Taunton, MA | February 13, 2010. |
| 81,196 | Microfibres, Inc., Rhode Island Operations Division | Pawtucket, RI | November 5, 2011. |
| 81,197 | Hanes Dye & Finishing Company, Butner, Branch 0314, Hanes Co., Leggett & Platt, Hal Muetzel-Express, etc | Butner, NC | September 12, 2010. |
| 81,200 | Wausau Paper, Brokaw Mill (Including On-Site Leased Workers from ABR Employment Services) | Brokaw, WI | February 13, 2010. |
| 81,212 | Sunshine 368, Inc | Corona, NY | February 13, 2010. |
| 81,214 | Peninsula Plywood Group, LLC | Port Angeles, WA | February 13, 2010. |
| 81,221 | J&M Manufacturing | El Paso, TX | February 13, 2010. |
| 81,233 | Clarcor Air Filtration Products | Campbellsville, KY | October 7, 2011. |
| 81,248 | Burke Hosiery Mills, Inc | Hickory, NC | February 19, 2012. |
| 81,260 | Cinram Distribution, LLC, Cinram International Income Fund; Good People | Aurora, IL | January 20, 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 |
|---|---|---|---|
| 80,371 | PAETEC, f/k/a Cavalier Telephone; Palm Harbor Division | Palm Harbor, FL | August 12, 2010. |
| 80,439 | Yahoo! Inc | Hillsboro, OR | September 15, 2010. |
| 80,502 | Lexis Nexis, Quality & Metrics Division | Miamisburg, OH | October 6, 2010. |
| 81,166 | AVX Corporation, Myrtle Beach Complex | Myrtle Beach, SC | January 6, 2012. |
| 81,166A | AVX Corporation, Myrtle Beach Complex, IHT and Huff Consulting | Conway, SC | January 6, 2012. |
| 81,174 | Charles Navasky & Co., Inc., d/b/a Don Mart Clothes, Inc | Philipsburg, PA | February 13, 2010. |
| 81,181 | Bosch Security Systems, Inc | Morrilton, AR | February 13, 2010. |
| 81,195 | Boston Scientific | Miami, FL | February 27, 2012. |
| 81,202 | TE Connectivity, Medical Division Customer Service Unit | Wilsonville, OR | February 13, 2010. |
| 81,209 | Aplegen, Inc., Including workers whose wages were reported thru TriNet | Goleta, CA | February 13, 2010. |
| 81,220 | Aetna International, Inc., Aetna Global Benefits, Including on-site leased workers from ProcureStaff | Tampa, FL | February 13, 2010. |
| 81,230 | ExpressPoint Technology Services, Inc., Operations Division, Ajilon Staffing, Aerotek Staffing and Kelly Services | Minneapolis, MN | February 13, 2010. |
| 81,232 | Image Scan, LLC, TE Connectivity | East Providence, RI | February 13, 2010. |
| 81,235 | Danfoss , LLC | Arkadelphia, AR | September 25, 2011. |
| 81,241 | Flextronics America LLC | Charlotte, NC | July 1, 2011. |
| 81,244 | International Business Machines (IBM) Corporation, Systems & Technology, Systems Software Development, Z/OS Applications, etc | Poughkeepsie, NY | February 13, 2010. |
| 81,246 | Peacehealth St. Joseph Medical Centers, Whatcom Region, Transcription Services Division | Bellingham, WA | February 13, 2010. |
| 81,258 | DTC Communications, Inc., Subsidiary of Cobham Survelliance | Nashua, NH | February 13, 2010. |
| 81,266 | Wells Manufacturing, L.P | Fond du Lac, WI | January 24, 2011. |
| 81,267 | Kimball Electronics Tampa, Inc., Kimball Electronics, Inc | Tampa, FL | January 25, 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 |
|---|---|---|---|
| 81,210 | Verso Paper Corporation | Sartell, MN | February 13, 2010. |
| 81,238 | Westark Diversified Enterprises, Whirlpool Cost Center | Van Buren, AR | 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 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 |
|---|---|---|---|
| 81,134 | Bosley, Inc. f.k.a. Bosley Medical Institute | Beverly Hills, CA | |
| 81,154 | Automotive Components Holdings, LLC | Sandusky, OH | |
| 81,154A | Automotive Components Holdings | Bellevue, OH |
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 No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 81,152 | Bristol Compressors International, Inc | Bristol, VA |
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 |
|---|---|---|---|
| 80,457 | Northpoint Precision, Inc., Northpoint Holding Corporation | Manistee, MI | |
| 80,459 | Roseburg Forest Products, Composite Panels Division | Missoula, MT | |
| 80,485 | RR Donnelley, Inc., Including On-Site Leased Workers From Manpower & Kelly Services | Bloomsburg, PA | |
| 81,096 | Quibids Holdings, LLC | Oklahoma City, OK | |
| 81,124 | Asheville Drafting Services, Inc | Asheville, NC | |
| 81,172 | Dominion Energy New England, LLC | Salem, MA | |
| 81,172A | Dominion Energy New England, LLC | Somerset, MA | |
| 81,205 | Lakeshore Visiting Physicians | Edmore, 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 No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 81,112 | MMICMAN | Clearwater, FL |
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 |
|---|---|---|---|
| 81,188 | Shreveport Ramp Services, LLC | Shreveport, LA |
I hereby certify that the aforementioned determinations were issued during the period of January 30, 2012 through February 3, 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: February 9, 2012.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-3924 Filed 2-17-12; 8:45 am]
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