83 FR 232 pgs. 62379-62384 - Notice of Determinations Regarding Eligibility To Apply for Trade Adjustment Assistance

Type: NOTICEVolume: 83Number: 232Pages: 62379 - 62384
FR document: [FR Doc. 2018-26190 Filed 11-30-18; 8:45 am]
Agency: Labor Department
Sub Agency: Employment and Training Administration
Official PDF Version:  PDF Version
Pages: 62379, 62380, 62381, 62383, 62384

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DEPARTMENT OF LABOR

Employment and Training Administration

Notice of Determinations Regarding Eligibility To Apply for Trade Adjustment Assistance

In accordance with the Section 223 (19 U.S.C. 2273) of the Trade Act of 1974 (19 U.S.C. 2271, et seq. ) ("Act"), as amended, the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance under Chapter 2 of the Act ("TAA") for workers by (TA-W) number issued during the period of September 17, 2018 through October 19, 2018. (This Notice primarily follows the language of the Trade Act. In some places however, changes such as the inclusion of subheadings, a reorganization of language, or "and," "or," or other words are added for clarification.)

Section 222(a)-Workers of a Primary Firm

In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for TAA, the group eligibility requirements under Section 222(a) of the Act (19 U.S.C. 2272(a)) must be met, as follows:

(1) The first criterion (set forth in Section 222(a)(1) of the Act, 19 U.S.C. 2272(a)(1)) is that a significant number or proportion of the workers in such workers' firm (or "such firm") have become totally or partially separated, or are threatened to become totally or partially separated;

AND (2(A) or 2(B) below)

(2) The second criterion (set forth in Section 222(a)(2) of the Act, 19 U.S.C. 2272(a)(2)) may be satisfied by either (A) the Increased Imports Path, or (B) the Shift in Production or Services to a Foreign Country Path/Acquisition of Articles or Services from a Foreign Country Path, as follows:

(A) Increased Imports Path

(i) the sales or production, or both, of such firm, have decreased absolutely;

AND (ii and iii below)

(ii) (I) imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased; OR

(II)(aa) 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; OR

(II)(bb) imports of articles like or directly competitive with articles which are produced directly using the services supplied by such firm, have increased; OR

(III) 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;

AND

(iii) the increase in imports described in clause (ii) contributed importantly to such workers' separation or threat of separation and to the decline in the sales or production of such firm; OR

(B) Shift in Production or Services to a Foreign Country Path OR Acquisition of Articles or Services From a Foreign Country Path

(i) (I) there has been a shift by such workers' firm to a foreign country in the production of articles or the supply of services like or directly competitive with articles which are produced or services which are supplied by such firm; OR

(II) such workers' firm has acquired from a foreign country articles or services that are like or directly competitive with articles which are produced or services which are supplied by such firm;

AND

(ii) the shift described in clause (i)(I) or the acquisition of articles or services described in clause (i)(II) contributed importantly to such workers' separation or threat of separation.

Section 222(b)-Adversely Affected Secondary Workers

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 TAA, the group eligibility requirements of Section 222(b) of the Act (19 U.S.C. 2272(b)) must be met, as follows:

(1) a significant number or proportion of the workers in the workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated;

AND


[top] (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 (19 U.S.C. 2272(a)), and such supply or production is related to the article or service that was the basis for such certification (as defined in subsection page 62380 222(c)(3) and (4) of the Act (19 U.S.C. 2272(c)(3) and (4));

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 determined under paragraph (1).

Section 222(e)-Firms identified by the International Trade Commission

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 TAA, the group eligibility requirements of Section 222(e) of the Act (19 U.S.C. 2272(e)) must be met, by following criteria (1), (2), and (3) as follows:

(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) of the Act (19 U.S.C. 2252(b)(1)); OR

(B) an affirmative determination of market disruption or threat thereof under section 421(b)(1) of the Act (19 U.S.C. 2436(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));

AND

(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) of the Trade Act (19 U.S.C. 2252(f)(1)) with respect to the affirmative determination described in paragraph (1)(A) is published in the Federal Register under section 202(f)(3) (19 U.S.C. 2252(f)(3)); OR

(B) notice of an affirmative determination described in subparagraph (B) or (C) of paragraph (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) of the Act (19 U.S.C. 2273(b)), the 1-year period preceding the 1-year period described in paragraph (2).

Affirmative Determinations for Trade 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 Path) of the Trade Act have been met.

TA-W No. Subject firm Location Impact date
93,922 Abbott Associates, Inc., Steadfast Staffing Solutions, LLC Milford, CT June 22, 2017.
93,990 StrongArm, LLC, AVM Industries, Trico-Group, LLC, Environmental Staffing Carolina Office Marion, SC July 18, 2017.
94,030 The Hartz Mountain Corporation, Staffing Resources Logansport, IN July 27, 2017.
94,033 AF Gloenco, AFGlobal Corporation Newport, NH July 23, 2017.
94,053 MasterBrand Cabinets, Inc., Fortune Brands Home & Security, Inc Auburn, AL August 8, 2017.
94,069 Oregon Canadian Forest Products, Inc., Aerotek, Xpand Staffing, Express Employment Professionals North Plains, OR August 20, 2017.
94,164 Kayser-Roth Corporation, GoldenPointe SpA, Right Time Right Place Staffing, Metro Industrial, etc Dayton, TN September 21, 2017.

The following certifications have been issued. The requirements of Section 222(a)(2)(B) (Shift in Production or Services to a Foreign Country Path or Acquisition of Articles or Services from a Foreign Country Path) of the Trade Act have been met.

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TA-W No. Subject firm Location Impact date
92,945 Progress Rail Locomotive, Inc., Caterpillar, Inc., APL Logistics Warehouse Management Services, Inc Hodgkins, IL June 12, 2016.
93,582 Ericsson, Inc., BNEW GSO SEU HES PSE2 CS Group Plano, TX February 27, 2017.
93,711 Ericsson, Inc., Networks Engineering Services Network Configuration Operations, etc Overland Park, KS April 10, 2017.
93,717 Jabil Inc., Adecco Poughkeepsie, NY April 12, 2017.
93,737 Ocwen Financial Corporation, Kelly Vendor Management Services (KVMS) Addison, TX April 17, 2017.
93,764 Work Market, Insight Global, EMC Storage Management Support, BNT, etc., ATOS IT Solutions and Services, Inc Mason, OH April 25, 2017.
93,764A ATOS IT Solutions and Services, Inc., NSC Global Managed Services, LLC Mason, OH October 17, 2017.
93,765 Ergotron, Inc., Tualatin Division, Dongguan Ergotron Precision Technology, Randstad, etc Tualatin, OR April 25, 2017.
93,913 Regal Beloit America Inc., Blytheville, Arkansas Division, Regal Beloit Corporation Blytheville, AR June 21, 2017.
93,917 General Electric Company, GE Transportation Parts, Transportation Division, etc Erie, PA June 24, 2018.
93,917A Association of Corporate Counsel America Chicago Chapter, Bay Area Techworkers, Capgemini America, Inc., Dornerworks, Ltd., etc Erie, PA June 22, 2017.
93,951 El Paso Specialty Hospital, El Paso Orthopaedic Group El Paso, TX July 3, 2017.
93,960 NTT DATA Services, LLC, Infrastructure Cloud Security, Platform Engineering Storage Services Plano, TX July 6, 2017.
93,963 Amdocs, Inc., GSS Legacy Division, Amdocs Ltd., IQN Chesterfield, MO July 9, 2017.
93,980 Deluxe Media Inc., Deluxe Entertainment Services Group Inc., Deluxe Shared Services Inc., etc Burbank, CA July 9, 2017.
93,982 MetrixLab US, Inc., Acturus, Inc., Graphics, Marketing, and Finance Teams, Macromill Group Farmington, CT July 12, 2017.
93,985 Regal Beloit Corporation Nixa, MO July 13, 2017.
94,005 Ernst & Young LLP, Sprint Property Tax Division Wichita, KS July 23, 2017.
94,011 Rivulis Irrigation, Inc., Rivulis Irrigation, Express Employment Professionals, Ambassador Personnel Valdosta, GA July 25, 2017.
94,028 Biosense Webster Inc., Irwindale-New Product Development Team, Ethicon USA Inc., Kelly Services Irwindale, CA July 30, 2017.
94,028A Biosense Webster Inc., Baldwin Park Distribution Center, Ethicon USA Inc., Kelly Services Baldwin Park, CA July 30, 2017.
94,038 CDK Global, LLC, Product Management, CDK Global, Pro Unlimited, etc Portland, OR August 1, 2017.
94,040 DWK Life Sciences, Inc., One Equity Partners Millville, NJ July 25, 2017.
94,041 Centrex Revenue Solutions, LLC, EMS Revenue Cycle Solutions, Returned Mail, Centrex Revenue Solutions, etc Akron, OH August 2, 2017.
94,047 Massachusetts Mutual Life Insurance Company, MM Technology Administration Applications & Operations Support Unit, etc Enfield, CT August 7, 2017.
94,048 Parexel International, Corporate Business Unit Billerica, MA August 3, 2017.
94,054 UTC Aerospace Systems, Air Management Systems, United Technologies Corporation Windsor Locks, CT August 8, 2017.
94,055 The Scott Fetzer Company d/b/a Ginsu Brands, Ginsu Brands Division, Advance Services, Inc., Staffmark Walnut Ridge, AR August 9, 2017.
94,056 International Business Machines (IBM), Q01A Supply Assurance, IBM Systems Division, Manpower San Jose, CA August 9, 2017.
94,062 Xerox Business Services, Communication Services, Xerox Webster, NY August 13, 2017.
94,065 Barnett Outdoors, LLC, Alliance, Flexicorp Tarpon Springs, FL August 17, 2017.
94,071 Prestolite Electric Incorporated, Broad Ocean Motor, LLC, Adecco Employment Services Arcade, NY November 23, 2018.
94,072 R&M Sea Level Marine LLC, Hood River Division, R&M Ship Technologies USA, Inc Hood River, OR August 21, 2017.
94,080 Ernst & Young LLP, EY Technology Division Secaucus, NJ August 22, 2017.
94,081 Finastra USA Corporation, Finastra Technology Inc., Finastra Merchant Services, Inc., etc New York, NY August 22, 2017.
94,081A Finastra USA Corporation, Finastra Technology Inc., Finastra Merchant Services, Inc., etc Burlington, MA August 22, 2017.
94,082 Health Care Service Corporation (HCSC), Remote Workers from Virginia Reporting to Chicago, Illinois Chicago, IL August 22, 2017.
94,083 Hologic, Inc., Cynosure-Ellman Division Hicksville, NY August 22, 2017.
94,087 Royal Caribbean Cruises Ltd., Royal Caribbean International Division, Customer Contact Services Center Springfield, OR August 22, 2017.
94,099 CH2M Hill Engineers, Inc., Jacobs Engineering Group, CH2M Hill, The Bergaila Companies, etc Corvallis, OR August 28, 2017.
94,100 Clockwork Acquisition II, Inc., Direct Energy, RGS Holding Corporation, American Cyber Systems, etc Tempe, AZ August 28, 2017.
94,103 Nokia of America Corporation, Nokia, Nokia Solutions & Networks LLC, Alcatel-Lucent Murray Hill, NJ August 29, 2017.
94,106 Nokia of America Corporation, Nokia, Nokia Solutions & Networks LLC, Alcatel-Lucent USA Inc Dublin, OH August 30, 2017.
94,107 Fujitsu Network Communications, Inc., Fujitsu Limited Richardson, TX September 4, 2017.
94,109 Ricoh USA, Inc., Ricoh Americas Holdings, Inc Houston, TX August 7, 2017.
94,109A Ricoh USA, Inc., Ricoh Americas Holdings, Inc Houston, TX August 7, 2017.
94,112 Caterpillar Inc., CR Coatings, The Tool & Gage House, Vonachen Services Inc., Securitas Joliet, IL August 6, 2018.
94,112A On-Site Leased Workers From APTIM, Caterpillar Inc Joliet, IL September 6, 2017.
94,115 ITT Inc. Connect & Control Technologies, ITT Cannon, LLC Division, ITT Inc Irvine, CA September 6, 2017.
94,116 Williamson Dickie Manufacturing Company, Image Wear Division, VF Corporation Uvalde, TX September 5, 2017.
94,120 TE Connectivity, Corporate Finance Department Middletown, PA September 6, 2017.
94,130 Nortek Global HVAC, Light Commercial Division, Melrose Industries PLC Mercer, PA September 13, 2017.
94,133 Schmidt†TM s Deodorant Company, LLC, Begin Right Employment Services, Express Employment Professionals, etc Portland, OR September 13, 2017.
94,136 Kranos Corporation dba Schutt Sports, Schutt Reconditioning, Epic Personnel Partners LLC, Express Employment Easton, PA September 12, 2017.
94,137 Acuity Brands Lighting, Inc., Juno Lighting Division, Acuity Brands, Inc., Superior Staffing Des Plaines, IL September 17, 2017.
94,144 Walmart Optical Lab, #9065, Walmart, Inc Crawfordsville, IN September 17, 2017.
94,146 DJO Global, Aerotek, C.F.S., PrincetonOne, TempForce, Medix, Stephen James, etc New Brighton, MN September 18, 2017.
94,150 Healthcare Management Administrators, Inc. (HMA), Regence Blue Shield, Robert Half Technology, Aerotek, Inc., etc Bellevue, WA September 18, 2017.
94,153 Respironics Novametrix, LLC, Respironics, Inc., Randstad Wallingford, CT September 19, 2017.
94,162 Horizon Travel Services LLC DBA AlliedTPro, Escorted Tours Department Henderson, NV September 21, 2017.
94,179 Voxpro LLC Athens, GA September 26, 2017.
94,196 Maximum Solutions, ACTIVE Network LLC, Robert Half International Inc., IRIS Consulting Corp Edina, MN October 2, 2017.
94,206 Sonoco Products, Plastics Division, Manpower, Kelly Services Inc, Infinity Staffing, etc Hollister, CA October 4, 2017.
94,209 Computerized Management Services, Inc Simi Valley, CA October 5, 2017.


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
93,863 Chemtrade Solutions LLC, Acid/SPPC Division, Chemtrade Logistics Inc Augusta, GA May 21, 2017.

The following certifications have been issued. The requirements of Section 222(e) (firms identified by the International Trade Commission) of the Trade Act have been met.

TA-W No. Subject firm Location Impact date
93,895 Keystone Consolidated Industries, Inc., Keystone Steel & Wire Division, ManPower, Kelly Services Peoria, IL July 8, 2018.
93,911 Columbia Forest Products, All in a Day Temporary Services, Inc. (A.I.D.) Trumann, AR December 27, 2016.
93,961 Nucor Steel Birmingham, Inc., Nucor Corporation, ITAC Solutions, PangeaTwo, Randstad, etc Birmingham, AL July 7, 2016.
93,964 REG Seneca Renewable Energy Group, Inc Seneca, IL December 28, 2016.
94,020 Columbia Forest Products, Express Employment Professionals, BBSI Boardman, OR December 27, 2016.
94,021 Columbia Forest Products, Express Employment Professionals Klamath Falls, OR December 27, 2016.
94,024 States Industries, Selectemp, Elwood, Express Staffing Services Eugene, OR December 27, 2016.
94,039 Roseburg Forest Products, Hardwood Plywood Division Dillard, OR December 27, 2016.
94,073 REG Ralston, LLC, REG Biofuels, LLC Ralston, IA December 28, 2016.
94,074 REG Mason City, LLC, REG Fuels, LLC Mason City, IA December 28, 2016.
94,075 REG Newton, LLC, Reg Fuels, LLC North Newton, IA December 28, 2016.
94,076 AG Processing Inc a cooperative Algona, IA December 28, 2016.
94,077 AG Processing Inc a cooperative Sergeant Bluff, IA December 28, 2016.
94,078 Cargill's Agricultural Supply Chain, North America, Cargill Incorporated Iowa Falls, IA December 28, 2016.
94,088 W2Fuel LLC Crawfordsville, IA December 28, 2016.
94,089 Western Dubuque Biodiesel, LLC Farley, IA December 28, 2016.

Negative Determinations for Worker Adjustment Assistance

In the following cases, the investigation revealed that the eligibility criteria for TAA have not been met for the reasons specified.

The investigation revealed that the requirements of Trade Act section 222 (a)(1) and (b)(1) (significant worker total/partial separation or threat of total/partial separation), or (e) (firms identified by the International Trade Commission), have not been met.

TA-W No. Subject firm Location Impact date
93,923 Cascade Steel Rolling Mills, Inc., Schnitzer Steel Industries, Inc McMinnville, OR

The investigation revealed that the criteria under paragraphs (a)(2)(A)(i) (decline in sales or production, or both), or (a)(2)(B) (shift in production or services to a foreign country or acquisition of articles or services from a foreign country), (b)(2) (supplier to a firm whose workers are certified eligible to apply for TAA or downstream producer to a firm whose workers are certified eligible to apply for TAA), and (e) (International Trade Commission) of section 222 have not been met.

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TA-W No. Subject firm Location Impact date
93,958 Lam Research Corporation, Deposition Business Unit, Superior Talent Resources, Inc Tualatin, OR
94,058 Pacific Stainless Products, Inc Saint Helens, OR


The investigation revealed that the criteria under paragraphs (a)(2)(A) (increased imports), (a)(2)(B) (shift in production or services to a foreign country or acquisition of articles or services from a foreign country), (b)(2) (supplier to a firm whose workers are certified eligible to apply for TAA or downstream producer to a firm whose workers are certified eligible to apply for TAA), and (e) (International Trade Commission) of section 222 have not been met.

TA-W No. Subject firm Location Impact date
93,706 Chesapeake Operating, LLC, Oklahoma City Corporate Office, Chesapeake Energy Corporation, etc Oklahoma City, OK
93,706A Chesapeake Operating, LLC, Waynoka Field Office, Chesapeake Energy Corporation, AFS Petrologix, etc Waynoka, OK
93,738 Free People, Urban Outiftters, Inc Philadelphia, PA
93,800 Qorvo US, Inc., Qorvo, Inc., Volt Workforce Solutions, Two Degrees, Aston Carter, etc Hillsboro, OR
93,851 Hillphoenix, Inc., Dover Corporation, Advantastaff, Inc., Ajilon Staffing Colonial Heights, VA
93,859 Intertek USA, Inc. dba Intertek Pilot Plant Services, Intertek Group PLC, Apex Life Sciences Pittsburgh, PA
93,948 Clearwater Paper Company, Consumer Products Division, Express Employment Professions Lewiston, ID
93,978 Ardagh Glass Inc., Ardagh Holdings Ltd Simsboro, LA
93,991 Bank of America, Bank of America, N.A., Global Financial Services Division Westlake, CA
93,992 IMAX (Rochester) Inc., IMAX USA, Inc., IMAX Corporation Rochester, NY
94,004 Ericsson Inc., AT-Tech, Artech, HL Yoh, Insight Global, Project People Overland Park, KS
94,009 DST Pharmacy Solutions, Midwest Consulting Group, Ecco Select, RMK Consulting Kansas City, MO
94,013 Guynes Packaging and Printing dba Boutwell, Owens & Co. Inc., Job Connection El Paso, TX
94,031 iQor Holdings US LLC Simi Valley, CA
94,032 Nu-World Amaranth dba Nu-World Foods Naperville, IL
94,032A Nu-World Amaranth dba Nu-World Foods, 594 6th Avenue NW Dyersville, IA
94,032B Nu-World Amaranth dba Nu-World Foods, 612 6th Avenue NW Dyersville, IA
94,032C Nu-World Amaranth dba Nu-World Foods, 2330 Industrial Parkway Dyersville, IA

Determinations Terminating Investigations of Petitions for Trade Adjustment Assistance

After notice of the petitions was published in the Federal Register and on the Department's website, 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
94,061 US Foods Sioux City, IA
94,092 Aerotek, Inc., International Business Machines (IBM), Seretus, Inc Hillsboro, OR

The following determinations terminating investigations were issued because the worker group on whose behalf the petition was filed is covered under an existing certification.

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TA-W No. Subject firm Location Impact date
93,739 Ericsson, Inc., Regional North America Engagement Practices Consulting & Systems, etc Richardson, TX
93,739A Ericsson, Inc., Regional North America Engagement Practices Consulting & Systems, etc Irving, TX
93,838 U.S. Security Associates, Gerdau Ameristeel US, Inc., Calvert City Mill Division Calvert City, KY
93,966 Bonney Staffing Center, Owens Corning Technical Fabrics, LLC, Owens Corning Composite Materials Brunswick, ME
93,969 Penske Logistics, El Paso Distribution Center, Customer Service Group & Accounts Payment, etc El Paso, TX
93,970 Applied Biosystems, Thermo Fisher Scientific, Genetic Sciences Division, A.P.R., Inc., etc Austin, TX
93,975 DST Brokerage Solutions, DST Systems, Inc., DST Technologies, SS&C Technologies, Inc Baltimore, MD
93,975A DST Systems, Inc., SS&C Technologies, Inc Kansas City, MO
93,984 Hewlett Packard Enterprise, Global Support Delivery Supply Chain Division, HP Inc Andover, MA
94,035 Necco Revere, MA
94,060 Environmental Assurance Company Inc., AES Ohio Generation (DP&L), JMSS Division Aberdeen, OH
94,063 Triumph Aerostructures, Marshall Street Facility, Triumph Aerospace Structure Division, etc Grand Prairie, TX
94,134 Bombardier Transportation (Holdings) USA, Inc., Americas Region (AME) Division, Systems Division and Rolling Stock, etc Pittsburgh, PA
94,134A Pro-Tech, Belcan, Cyient, IKOS, Bombardier Transportation (Holdings) USA, Inc., Americas Region (AME), etc Pittsburgh, PA


I hereby certify that the aforementioned determinations were issued during the period of September 17, 2018 through October 19, 2018. These determinations are available on the Department's website 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 31st day of October 2018.

Hope D. Kinglock,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2018-26190 Filed 11-30-18; 8:45 am]

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