78 FR 215 pgs. 66780-66783 - Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

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Type: NOTICEVolume: 78Number: 215Pages: 66780 - 66783

FR document: [FR Doc. 2013-26504 Filed 11-5-13; 8:45 am]

Agency: Labor Department

Sub Agency: Employment and Training Administration

Official PDF Version: PDF Version

Pages: 66780, 66781, 66782, 66783

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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 September 23, 2013 through October 18, 2013 .

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:

[top] (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
82,723	Glit Microtron, Continental Commercial Products	Wrens, GA	May 7, 2012.

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.

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TA-W No.	Subject firm	Location	Impact date
82,973	DHX Media LTD., Formerly Known as WildBrain	Sherman Oaks, CA	August 9, 2012.
82,976	CQ Sourcing, Inc., General Parts, Inc	New Castle, IN	August 12, 2012.
82,983	Parker Hannifin Corporation, Medical Systems Division, Kimco Staffing	Riverside, CA	August 9, 2012.
82,999	ATOS IT Solutions and Services, Inc., Billing and Collections Department	Mason, OH	August 16, 2012.
83,016	Fairchild Semiconductor, Product Development Group	West Jordan, UT	August 15, 2012.
83,018	Gamesa Wind US, LLC, Gamesatechnology Corporation, Inc	Ebensburg, PA	August 21, 2012.
83,034	West Point Products Acquisition, LLC, Clover Technologies Group, LLC, Kelly Services	Valley Grove, WV	August 28, 2012.
83,036	Manpower Group, Working On-Site at IBM Corporation	Camp Hill, PA	August 28, 2012.
83,043	Volcano Corporation, Rancho Cordova Division, Aerotek Staffing, Oxford Staffing, etc	Rancho Cordova, CA	August 29, 2012.
83,075	Power One Renewable Energy, Renewable Energy Division, Power One, Inc	Phoenix, AZ	September 5, 2012.
83,083	American Wyott Corporation, d/b/a APW Wyott, Standex Int'l, Adecco, Express, SOS, Advance, and Aerotek	Cheyenne, WY	September 11, 2012.

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 number	Subject firm	Location	Impact date
83,044	Spirit Aerosystems, Inc., Zero Chaos, Apollo, Butler, CTS, Foster Design, etc	Wichita, KS	August 29, 2012.

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 number	Subject firm	Location	Impact date
82,927	Honeywell, Aeronautics Division, Aerotek, Manpower, Nesco and PDS Tech	Strongsville, OH	July 16, 2012.

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 number	Subject firm	Location
82,681	Star City Machine	Roanoke, VA
82,871	Rafko Enterprises, Inc., Manpower, Ruggieri Enterprises, Spherion Staffing	Lock Haven, PA
82,985	Von Hoffmann Corporation, RR Donnelley and Sons, Jefferson City Plant, Employment Plus, Manpower	Jefferson City, MO
83,002	PVH Corp., Warehousing and Distribution Center	Duncansville, PA
83,002A	PVH Corp., Warehousing and Distribution Center	Huntingdon, PA
83,025	Baxter Healthcare Corporation, Baxter International, Medical Products	Buffalo Grove, 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	Impact date
83,017	Ryerson	Jenison, MI
83,116	Print Plus, Inc	Santa Ana, CA

[top] 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
83,037	BCforward	Indianapolis, 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
83,078	TE Connectivity, Industrial Relays	Winston-Salem, NC

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
82,991	Bausch & Lomb Incorporated, Bausch and Lomb Place Facility	Rochester, NY
82,991A	Bausch & Lomb Incorporated, N. Goodman Street Facility	Rochester, NY

I hereby certify that the aforementioned determinations were issued during the period of September 23, 2013 through October 18, 2013. 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.

Signed at Washington, DC, this 24th day of October 2013.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2013-26504 Filed 11-5-13; 8:45 am]

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