81 FR 163 pgs. 57627-57629 - Notice of Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance
Type: NOTICEVolume: 81Number: 163Pages: 57627 - 57629
Pages: 57627, 57628, 57629FR document: [FR Doc. 2016-20050 Filed 8-22-16; 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 July 11, 2016 through July 22, 2016.
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 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(b) 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(e) 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
[top] (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) not withstanding 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)(B) (shift in production or services) of the Trade Act have been met.
| TA-W No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 86,093 | EarthLink Shared Services, Care and Repair Division, Pro Services | Rochester, NY | June 15, 2014. |
| 90,103 | Erickson Helicopters Inc., Erickson Incorporated, Accountemps/Robert Half International, Inc., etc | McMinnville, OR | January 1, 2014. |
| 90,103A | Erickson Incorporated, Accountemps/Robert Half International, Inc., Accounting Principals, etc | Central Point, OR | January 1, 2014. |
| 90,103B | Erickson Incorporated, Accountemps/Robert Half International, Inc., Accounting Principals, etc | Medford, OR | January 1, 2014. |
| 90,216 | iMedX, Inc., Amphion Medical Solutions | Atlanta, GA | January 1, 2014. |
| 90,216A | Amphion Medical Solutions | Madison, WI | January 1, 2014. |
| 91,304 | Solaicx, SunEdison, Inc., Express Employment Professionals | Portland, OR | January 7, 2015. |
| 91,690 | MEMC Pasadena, Inc., SunEdison, Inc., Kelly Services, Robert Half | Pasadena, TX | March 22, 2015. |
| 91,727 | Cargill, Inc., U.S. Information Technology (IT) Division, Dahl Consulting, Inc., etc | Hopkins, MN | April 21, 2015. |
| 91,807 | Cardone Industries, Inc., Tridonex | Philadelphia, PA | May 12, 2015. |
| 91,864 | Quantum Medical Imaging, LLC, Carestream Health | Ronkonkoma, NY | May 26, 2015. |
| 91,881 | WESTAK of Oregon, Inc., WESTAK, Inc., Express Services and Flex Force Personnel Services | Forest Grove, OR | June 3, 2015. |
| 91,923 | Experian, Global Security Administration, Allegis Global Solutions | Allen, TX | June 14, 2015. |
| 91,937 | Brookfield Global Relocation Services, LLC, Aerotek, Inc., AppleOne, HR Finders (AZ Tech Finders), etc | Scottsdale, AZ | June 20, 2015. |
| 91,948 | Cascades Holding USA, Inc., Cascades Tissue Group, Sales Inc. Division, Accounting Department | Waterford, NY | June 22, 2015. |
| 91,954 | Siemens Shared Services, Talent Services Division | Orlando, FL | June 23, 2015. |
| 91,958 | ClearOne Inc., Aerotek and TempForce | Alachua, FL | June 22, 2015. |
| 91,966 | Transitions Optical, Inc., Kelly Services, ResourceMFG, Executive Alliance, etc | Pinellas Park, FL | June 27, 2015. |
| 91,985 | Dresser, Inc., General Electric Oil & Gas, Kelly Temporary Services, YOH Exchange, etc | Pineville, LA | July 5, 2015. |
The following certifications have been issued. The requirements of Section 222(b) (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 |
|---|---|---|---|
| 91,527 | Venango Steel, Inc., All Seasons Temporaries | Franklin, PA | February 18, 2015. |
| 91,959 | Madden Timberlands, Inc | Old Town, ME | June 24, 2015. |
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.
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| TA-W No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 91,115 | SCFM Compression Systems, Inc | Tulsa, OK | |
| 91,151 | The Directional Drilling Company, Q Directional Drilling LLC | Casper, WY | |
| 91,189 | Diversified Well Logging, LLC, DWL Holding, LLC | Corpus Christi, TX | |
| 91,225 | XALT Energy, LLC, Adecco and VP Total Solutions | Midland, MI | |
| 91,366 | Convergys Corporation | Omaha, NE | |
| 91,372 | WorleyParsons Group, Inc., Western Ops Division, WorleyParsons Corp., Energy Resourcing | Arcadia, CA | |
| 91,372A | WorleyParsons Group, Inc., Western Ops Division, WorleyParsons Corp., Energy Resourcing | Monrovia, CA | |
| 91,382 | Independent Pattern Shop | Erie, PA | |
| 91,482 | Panasonic Eco Solutions Solar America, LLC, Panasonic Corporation of North America | Salem, OR | |
| 91,600 | Langeloth Metallurgical Company, Thompson Creek Metals Company | Langeloth, PA | |
| 91,622 | General Electric Lighting Mattoon Lamp Plant, GE Lighting (US Lighting LLC) | Mattoon, IL | |
| 91,668 | Cengage Learning, Custom Production Division, Cengage Learning Holdings II LP | Mason, 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 |
|---|---|---|---|
| 91,836 | Gates Corporation | Elizabethtown, KY | |
| 91,956 | ITW Filtration Products | Mazon, IL |
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 |
|---|---|---|---|
| 92,019 | Halliburton (Wireline and Perforating) | Houston, TX |
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 |
|---|---|---|---|
| 91,691 | MEMC Pasadena, Inc., SunEdison, Inc | Pasedena, TX | |
| 91,996 | Electrofilm Manufacturing Company LLC, Envirotech LLC, Aerotek Commercial Staffing, Ronin Staffing LLC, etc | Valencia, CA |
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 |
|---|---|---|---|
| 92,017 | D & L Oil Tool | Tulsa, OK |
I hereby certify that the aforementioned determinations were issued during the period of July 11, 2016 through July 22, 2016. These determinations are available on the Department's Web site https://www.doleta.gov/tradeact/taa/taa_search_form.cfm under the searchable listing determinations or by calling the Office of Trade Adjustment Assistance toll free at 888-365-6822.
Signed at Washington DC this 11th day of February 2016.
Jessica R. Webster,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2016-20050 Filed 8-22-16; 8:45 am]
BILLING CODE 4510-FN-P