78 FR 62 pgs. 19531-19533 - Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Type: NOTICEVolume: 78Number: 62Pages: 19531 - 19533
FR document: [FR Doc. 2013-07413 Filed 3-29-13; 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 March 11, 2013 through March 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;
(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 |
|---|---|---|---|
| 81,458 | Rock Tenn Company, Container Division, Smurfit-Stone Container Corporation, Manpower | Shelby, NC | March 29, 2011. |
| 82,213 | CompuCom Systems, Inc | Tewksbury, MA | December 4, 2011. |
| 82,246 | Itron, Inc | Waseca, MN | December 11, 2011. |
| 82,389 | Elster AMCO Water, LLC, Elster-Melrose Industries PLC, Spherion Staffing, Kelly Services, etc | Ocala, FL | January 29, 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.
| TA-W No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 82,266 | Dominion Medical Management, Inc., Revenue Cycle Management, LLC, and Barrington Lakes Group, LLC, Integrated Medical Partners, etc | Milwaukee, WI | December 14, 2011. |
| 82,308 | TE Connectivity, Tyco Electronics, Relay Products Business Unit, Kelly Services | Winston-Salem, NC | December 21, 2011. |
| 82,315 | Lands' End, Inc., Merchandising Inventory Planning Department, Sears Holding Corporation | Dodgeville, WI | June 9, 2012. |
| 82,382 | Amdocs, Inc., Amdocs, Ltd, Billing Testing Group, At&T, ACD Division, Wavecreste, etc | New Haven, CT | January 21, 2012. |
| 82,382A | Amdocs, Inc., Amdocs, Ltd, Billing Testing Group, At&T, ACD Division, Wavecreste, etc | New Haven, CT | March 5, 2013. |
| 82,382B | Amdocs, Inc., Amdocs, Ltd, Billing Testing Group, AT&T, ACD Division, Wavecreste, etc | Hoover, AL | January 21, 2012. |
| 82,382C | Amdocs, Inc., Amdocs, Ltd, Billing Testing Group, AT&T, ACD Division, Wavecreste, etc | Indianapolis, IN | January 21, 2012. |
| 82,382D | Amdocs, Inc., Amdocs, Ltd, Billing Testing Group, AT&T, ACD Division, Wavecreste, etc | St. Louis, MO | January 21, 2012. |
| 82,394 | L.M. Berry and Company LLC, Nashville, Tennessee, Publishing Operations Group, YP LLC, YP Holdings LLC | Nashville, TN | January 30, 2012. |
| 82,399 | Berwick Offray, LLC, CSS Industries, Onesource Staffing Solutions, etc | Berwick, PA | June 26, 2012. |
| 82,414 | Sears Holdings Management Corporation, Point-of-Sale Software Division, Teksystems, Paterson, etc | Round Rock, TX | February 4, 2012. |
| 82,422 | St. Marys Carbon Company | Brookville, PA | March 9, 2012. |
| 82,426A | Destron Fearing Corporation, Visual & Electronic tags for Livestock and Implants for Companion Pets, etc | St. Paul, MN | February 6, 2012. |
| 82,434 | Dell Products LP, Global Products Data Management | Austin, TX | February 7, 2012. |
| 82,434A | Dell Products LP, Global Products Data Management | Round Rock, TX | February 7, 2012. |
| 82,459 | Rohm and Haas Electronic Materials, LLC, Dow Chemical, Kelly Services | Marlborough, MA | February 13, 2012. |
| 82,468 | LSI Corporation | Milpitas, CA | February 14, 2012. |
| 82,468A | LSI Corporation | San Jose, CA | February 14, 2012. |
| 82,468B | LSI Corporation | Colorado Springs, CO | February 14, 2012. |
| 82,468C | LSI Corporation | Fort Collins, CO | February 14, 2012. |
| 82,468D | LSI Corporation | Longmont, CO | February 14, 2012. |
| 82,468E | LSI Corporation | Norcross, GA | February 14, 2012. |
| 82,468F | LSI Corporation | Wichita, KS | February 14, 2012. |
| 82,468G | LSI Corporation | Waltham, MA | February 14, 2012. |
| 82,468H | LSI Corporation | Mendota Heights, MN | February 14, 2012. |
| 82,468I | LSI Corporation, Pro Unlimited and Prosero, Inc | Allentown, PA | February 14, 2012. |
| 82,468J | LSI Corporation | Austin, TX | February 14, 2012. |
| 82,470 | Citigroup, Corporate Finance for Operations & Technology | New York, NY | February 14, 2012. |
| 82,473 | Northshore Mining Company, Cliffs Natural Resources, Vanhouse and Express Employment | Silver Bay, MN | February 15, 2012. |
| 82,478 | Brayton International, Steelcase, Inc., The Manpower Group/Experis | High Point, NC | February 15, 2012. |
| 82,488 | Sierra Video Systems, Kramer Electronics Company, Adecco, Trinet Human Resources Corporation | Nevada City, CA | February 20, 2012. |
| 82,493 | Steelcase, Inc., Manpower Group/Tapfin, 6100 East Paris | Caledonia, MI | February 21, 2012. |
| 82,493A | Steelcase Inc., Manpower Group/Tapfin, 4100 68th Street | Caledonia, MI | February 21, 2012. |
| 82,504 | Cardinal Health 200, LLC, Cardinal Health, Medical-Presource Mfg, Adecco USA, Countryside, etc | Waukegan, IL | February 25, 2012. |
| 82,527 | ArjoHuntleigh, Stout Manufacturing, Express Employment Professional, Aerotek, etc | San Antonio, TX | March 5, 2012. |
| 82,533 | Sun Chemical Corporation, Performance Pigments Division, Manpower Staffing | Wurtland, KY | March 5, 2012. |
| 82,534 | VF Jeanswear Limited Partnership, VF Corporation | Saltillo, MS | March 6, 2012. |
| 82,538 | Zebra Technologies Corporation | Lincoln, RI | March 7, 2012. |
| 82,539 | Elster Solutions, Elster, The Greer Group | Raleigh, NC | March 7, 2012. |
| 82,543 | Zebra Technologies Corporation, Specialty Printing Group, Spherion Staffing Services | Vernon Hills, IL | March 7, 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 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 |
|---|---|---|---|
| 82,426 | Destron Fearing Corporation, Readers for Livestock, Companion Pet and Fisheries | St. Paul, MN | |
| 82,475 | Sysco Portland, Inc., Sysco Corporation, IT Department | Wilsonville, OR |
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 |
|---|---|---|---|
| 82,350 | Kurz-Kasch, Inc., South Boston Facility | South Boston, VA | |
| 82,371 | T-Mobile USA, Inc., Code Fault Isolation Team, Engineering Division | Bethlehem, PA | |
| 82,388 | Aleris Recycling Bens Run, LLC, Winans Extras Support Staffing and CDI Corporation | Friendly, WV | |
| 82,429 | Colville Indian Precision Pine, Colville Tribal Enterprise Corporation | Omak, WA |
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 |
|---|---|---|---|
| 82,405 | Boise Paper Holdings, LLC | Boise, ID | |
| 82,465 | Kern-Liebers USA, Inc. | Holland, OH |
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 |
|---|---|---|---|
| 82,489 | LSI Corporation | Fort Collins, CO |
I hereby certify that the aforementioned determinations were issued during the period of March 11, 2013 through March 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 888-0365-6822.
Dated: March 19, 2013.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-07413 Filed 3-29-13; 8:45 am]
BILLING CODE 4510-FN-P