77 FR 154 pgs. 47671-47674 - Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Type: NOTICEVolume: 77Number: 154Pages: 47671 - 47674
FR document: [FR Doc. 2012-19465 Filed 8-8-12; 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 July 23, 2012 through July 27, 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 |
|---|---|---|---|
| 81,598 | AAR Precision Systems, AAR Corporation | Lebanon, KY | May 9, 2011. |
| 81,692 | AAR Corporation-Summa Technology, Mobility Systems, Cullman Employee Center | Cullman, AL | May 7, 2011. |
| 81,699 | Charles D. Owen Manufacturing Company, Inc., Springs Global US, Inc. | Swannanoa, NC | July 31, 2012. |
| 81,703 | NBC Solid Surfaces | Springfield, VT | June 8, 2011. |
| 81,726 | Cinram Manufacturing, LLC, Cinram International, Onesource Staffing Solutions | Olyphant, PA | July 17, 2012. |
| 81,726A | Cinram Distribution, LLC, Cinram International, Ambassador Personnel, Select Remedy, Wood Personnel | LaVergne, TN | July 17, 2012. |
| 81,726B | Leased Workers from ERG Staffing Service and AA Temporary Services, Working On-Site at Cinram Manufacturing, LLC | Olyphant, PA | June 14, 2011. |
| 81,726C | Leased Workers from AFEEA, All-Star and Elwood, Working On-Site at Cinram Manufacturing, LLC | LaVergne, TN | June 14, 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 |
|---|---|---|---|
| 81,633 | International Business Machines (IBM), The Project Service Center, 05-Business Consulting Services, Tele-Workers | Orlando, FL | May 15, 2011. |
| 81,633A | International Business Machines (IBM), The Project Service Center, 05-Business Consulting Services, Tele-Workers | Minneapolis, MN | May 15, 2011. |
| 81,633B | International Business Machines (IBM), The Project Service Center, 05-Business Consulting Services, Tele-Workers | Research Triangle, NC | May 15, 2011. |
| 81,633C | International Business Machines (IBM), The Project Service Center, 05-Business Consulting Services, Tele-Workers | Charleston, SC | May 15, 2011. |
| 81,633D | International Business Machines (IBM), The Project Service Center, 05-Business Consulting Services, Tele-Workers | Cincinnati, OH | May 15, 2011. |
| 81,673 | RBC Manufacturing Corporation, Toolroom Department and Production Machining Dept., Seek Careers/Staffing | Grafton, WI | October 20, 2011. |
| 81,705 | AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers at Mesa, AZ | Mesa, AZ | June 11, 2011. |
| 81,705A | AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers at St. Louis | Saint Louis, MO | June 11, 2011. |
| 81,705B | AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers at San Ramon | San Ramon, CA | June 11, 2011. |
| 81,705C | AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers in NC & GA | Alpharetta, GA | June 11, 2011. |
| 81,705D | AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Inc. | Houston, TX | June 11, 2011. |
| 81,705E | AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers at Durham | Durham, NC | June 11, 2011. |
| 81,705F | AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers at Milwaukee | Milwaukee, WI | June 11, 2011. |
| 81,705G | AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers at Tampa | Tampa, FL | June 11, 2011. |
| 81,705H | AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers at Lisle | Lisle, IL | June 11, 2011. |
| 81,705I | AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Inc | Bedminister, NJ | June 11, 2011. |
| 81,705J | AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Inc | Atlanta, GA | June 11, 2011. |
| 81,705K | AT&T Services, Inc., Global Customer Care-Service Assurance, AT&T, Off-Site Workers at Fishkill | Fishkill, NY | June 11, 2011. |
| 81,748 | Clear Edge Filtration, Kelly Services | Skaneateles, NY | June 20, 2011. |
| 81,748A | Clear Edge Filtration, Kelly Services | Moravia, NY | June 20, 2011. |
| 81,784 | Schawk Retail Marketing, Chicago Division, Schawk, Creative Circle, Aquent, etc. | Chicago, IL | February 26, 2012. |
| 81,790 | WellPoint, Inc., Central Host Claims & Adjustments, incl. UI from The WellPoint Companies, Inc., and off-site in Ohio | Worthington, OH | June 29, 2011. |
| 81,797 | International Business Machines (IBM), U.S. Payroll Department, (1K) Global Process Services Delivery | Endicott, NY | July 12, 2011. |
| 81,799 | Dun & Bradstreet, Inc., The Dun & Bradstreet Corporation, Including Remote Workers | Center Valley, PA | July 12, 2011. |
| 81,811 | Esselte Corporation, Leased Workers from Onin Staffing | Morristown, TN | July 17, 2011. |
The following certifications have been issued. The requirements of Section 222(f) (firms identified by the International Trade Commission) of the Trade Act have been met.
| TA-W No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 81,641 | Sierra Aluminum Company, Including On-Site Leased Workers From Employment Solutions and Areol | Riverside, CA | May 19, 2010. |
| 81,641A | Sierra Aluminum Company, Including On-Site Leased Workers From Employment Solutions | Fontana, CA | May 19, 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 |
|---|---|---|---|
| 81,538 | State Journal Register, Camera and Plate Department | Springfield, IL. |
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 |
|---|---|---|---|
| 81,653 | Hoku Materials, Inc., Hoku Corporation | Pocatello, ID. |
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 |
|---|---|---|---|
| 81,651 | SFI of Ohio, LLC, Lerman Holding Company | New Boston, 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 |
|---|---|---|---|
| 81,803 | Arthritis Foundation | Pittsburgh, PA. |
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 |
|---|---|---|---|
| 81,727 | Cinram Distribution, LLC, Cinram International | LaVergne, TN. | |
| 81,792 | Solo W-2, Inc., Siltronic Corporation | Portland, OR. |
I hereby certify that the aforementioned determinations were issued during the period of July 23, 2012 through July 27, 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: July 31, 2012.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-19465 Filed 8-8-12; 8:45 am]
BILLING CODE 4510-FN-P