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78 FR 83 pgs. 25305-25307 - Notice of Determinations Regarding EligibilityTo Apply for Worker Adjustment Assistance

Type: NOTICEVolume: 78Number: 83Pages: 25305 - 25307
FR document: [FR Doc. 2013-10111 Filed 4-29-13; 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 EligibilityTo 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 April 1, 2013 through April 5, 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
82,411 FPL Food, LLC Augusta, GA February 4, 2012.
82,482 ArcelorMittal Georgetown, SC, Arcelormittal, USA Georgetown, SC February 19, 2012.
82,492 Creation Technologies Kentucky, Inc., Manpower and Kelly Services Lexington, KY February 21, 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
82,221 Plexus Corporation, Neenah Operations, Kelly Services, Inc Neenah, WI December 5, 2011.
82,344 The Wm. Powell Company, Foundry Division Cincinnati, OH January 3, 2012.
82,448 Parker School Uniforms, LLC, Robert Half International, Inc. and Link Staffing Services Houston, TX February 11, 2012.
82,456 NXP Semiconductors, Sales Support Team, Randstad General Partner LLC and Targetcw Cary, NC February 12, 2012.
82,486 L & W Supply, Inc., USG Corporation, Accounts Payable & Receivable Division Pico Rivera, CA February 20, 2012.
82,506 Experian, Experian Healthcare, (etc.) Tapfin, Manpower and Experis Austin, TX February 26, 2012.
82,506A Experian, Information Technology & Operations, (etc.), Tapfin, Manpower and Experis Allen, TX February 26, 2012.
82,506B Experian, Information Technology & Operations, (etc.), Tapfin, Manpower and Experis Allen, TX February 26, 2012.
82,506C Experian, Business Information Services, (etc.), Tapfin, Manpower and Experis Atlanta, GA February 26, 2012.
82,506D Experian, QAS (Experian Marketing Services), etc., Tapfin, Manpower and Experis Boston, MA February 26, 2012.
82,506E Experian, Decision Analytics, (formerly Baker Hill), Tapfin, Manpower and Experis Carmel, IN February 26, 2012.
82,506F Experian, Experian U.S. Headquarters: (etc.), Tapfin, Manpower and Experis Costa Mesa, CA February 26, 2012.
82,506G Experian, Experian Consumer Direct (etc.), Tapfin, Manpower and Experis Costa Mesa, CA February 26, 2012.
82,506H Experian, Marketing Services, Tapfin, Manpower and Experis El Segundo, CA February 26, 2012.
82,506I Experian, Marketswitch (Decision Analytics), Tapfin, Manpower and Experis Herndon, VA February 26, 2012.
82,506J Experian, Experian Healthcare, (etc.), Tapfin, Manpower and Experis Maple Groove, MN February 26, 2012.
82,506K Experian, Marketing Services, Tapfin, Manpower and Experis New York, NY February 26, 2012.
82,506L Experian, Global Product & Technology Services, etc., Tapfin, Manpower and Experis New York, NY February 26, 2012.
82,506M Experian, Experian Marketing Services, Tapfin, Manpower and Experis New York, NY February 26, 2012.
82,506N Experian, Credit Services, Marketing Services, Tapfin, Manpower and Experis Parsippany, NJ February 26, 2012.
82,506O Experian, Experian Healthcare, (etc.), Tapfin, Manpower and Experis Plymouth, MA February 26, 2012.
82,506P Experian, Experian Healthcare, (etc.), Tapfin, Manpower and Experis San Antonio, TX February 26, 2012.
82,506Q Experian, Fraud Solutions, Decision Analytics, (etc.), Tapfin, Manpower and Experis San Diego, CA February 26, 2012.
82,506R Experian, Credit Services, Experian Automotive, (etc.), Tapfin, Manpower and Experis Schaumburg, IL February 26, 2012.
82,508 JP Morgan Chase Bank, NA, Commercial Banking Loan Operation Louisville, KY February 27, 2012.
82,536 IBM Corporation, Systems Operations Division Boulder, CO March 5, 2012.
82,537 Monta Vista Software, LLC, Cavium, Inc Arlington, TX March 5, 2012.
82,537A Monta Vista Software, LLC, Cavium, Inc San Jose, CA March 5, 2012.
82,537B Monta Vista Software, LLC, Cavium, Inc Tempe, AZ March 5, 2012.
82,557 Ericsson Inc., Wireline Network Ops Building Maintenance (etc.), J.M. Neil and Associates Overland Park, KS March 12, 2012.
82,557A Ericsson Inc., Network Platforms Group Overland Park, KS March 12, 2012.
82,590 Cinram Wireless LLC, Cinram International/Cinram U.S. Holdings, Onin Staffing, etc Fort Worth, TX March 12, 2012.
82,617 YP Southeast Advertising & Publishing LLC, YP Holdings LLC, Insight Global, Inc., Collabera, Epitec, etc Tucker, GA March 27, 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
82,373 Gerdau Ameristeel US Inc., BARR, Rumpca, G4S, First Class Mill, North American Refractory, etc Saint Paul, MN January 25, 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
82,491 Allstate Insurance Company, Customer Enterprise Services, Policy Processing Service, Kelly Services Roanoke, VA

I hereby certify that the aforementioned determinations were issued during the period of April 1, 2013 through April 5, 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.

Dated: April 9, 2013.

Elliott S. Kushner,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2013-10111 Filed 4-29-13; 8:45 am]

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