78 FR 236 pgs. 73886-73889 - Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Type: NOTICEVolume: 78Number: 236Pages: 73886 - 73889
Pages: 73886, 73887, 73888, 73889FR document: [FR Doc. 2013-29247 Filed 12-6-13; 8:45 am]
Agency: Labor Department
Sub Agency: Employment and Training Administration
Official PDF Version: PDF Version
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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 November 11, 2013 through November 15, 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:
(A) Imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased;
[top] (B) Imports of articles like or directly competitive with articles into which one
(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 |
|---|---|---|---|
| 83,014 | American Customer Care, Employment Solutions | Elmira, NY | August 12, 2012. |
| 83,121 | Parkersburg Bedding Company, LLC, American Signature, Inc | Parkersburg, WV | September 26, 2012. |
| 83,140 | Dresser-Rand Group, Superior Technical Resources, Inc | Painted Post, NY | October 3, 2012. |
[top] 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 |
|---|---|---|---|
| 83,049 | SG Americas Securities, LLC, Listed Products Back-Office Operations Department | Jersey City, NJ | August 30, 2012. |
| 83,053 | Pitney Bowes, Inc., Customer Support Services Department | Neenah, WI | August 29, 2012. |
| 83,059 | Biolitec, Inc., Biolitec AG | East Longmeadow, MA | September 4, 2012. |
| 83,120 | CEMEX Materials, LLC, Business Services Organization (BSO), CEMEX, Inc | West Palm Beach, FL | September 20, 2012. |
| 83,203 | Ciber, Inc., Corporate Accounting and Finance Administration | Greenwood Village, CO | November 6, 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 No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 83,118 | Aleris Specification Alloys, Inc | Saginaw, MI | September 25, 2012. |
| 83,191 | Victor Innovative Textiles, LLC, Victor Innovatex, Victor Forstmann, Inc. Division, Able Associates, 2000 | Fall River, MA | October 30, 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)(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 |
|---|---|---|---|
| 83,031 | Flextronics F/K/A Alcatel-Lucent, Aerotek Staffing, American Cyber Systems, Finezi, etc | Longview, TX | |
| 83,038 | Spartech Polycom, Inc., PolyOne Designed Structures & Solutions, Workforce Employment Solutions | Cape Girardeau, MO | |
| 83,040 | Home Dimension, Inc., North American Division | Woodstock, GA |
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 |
|---|---|---|---|
| 82,968 | Zila, Inc., Tolmar, Inc., Staffmark | Batesville, AR | |
| 83,026 | Acxiom Corporation, Global Marketing Organization (GMO) | Little Rock, AR | |
| 83,070 | Harrison Medical Center, Franciscan Health System | Bremerton, WA | |
| 83,081 | Suzlon Rotor Corporation, Suzlon Energy Limited | Pipestone, MN | |
| 83,096 | Newark Recycled Paperboard Solutions, Newark Paperboard Products, Manpower | Greenville, PA |
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 number | Subject firm | Location | Impact date |
|---|---|---|---|
| 83,130 | Harte Hanks Shoppers Inc | Brea, CA | |
| 83,155 | Veolia Water Facility, Jackson Resource Recovery Facility | Jackson, MI | |
| 83,214 | Timken Company (The), Altavista Bearing Plant | Altavista, VA |
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I hereby certify that the aforementioned determinations were issued during the period of November 11, 2013 through November 15, 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 21st day of November 2013.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-29247 Filed 12-6-13; 8:45 am]
BILLING CODE 4510-FN-P