85 FR 41 pgs. 12341-12344 - Notice of Determinations Regarding Eligibility To Apply for Trade Adjustment Assistance
Type: NOTICEVolume: 85Number: 41Pages: 12341 - 12344
Pages: 12341, 12342, 12343, 12344FR document: [FR Doc. 2020-04193 Filed 2-28-20; 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 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 January 1, 2020 through January 31, 2020. (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
(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 222(c)(3) and (4) of the Act (19 U.S.C. 2272(c)(3) and (4));
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(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 |
|---|---|---|---|
| 95,276 | Siltronic Corporation, Siltronic AG, Express Professionals, Xenium | Portland, OR | October 10, 2018. |
| 95,283 | Bayou Steel BD Holdings, LLC, Express Employment, Cherokee Millwright and Mechanical, etc. | Harriman, TN | October 15, 2018. |
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 |
|---|---|---|---|
| 94,440 | Wells Fargo Bank NA, Wells Fargo Consumer Banking, Wells Fargo Home Lending Organization, etc | West Des Moines, IA | January 2, 2018. |
| 94,440A | Wells Fargo Bank NA, Wells Fargo Consumer Banking, Wells Fargo Home Lending Organization, etc | West Des Moines, IA | January 2, 2018. |
| 94,440B | Wells Fargo Bank NA, Wells Fargo Consumer Banking, Wells Fargo Home Lending Organization, etc | West Des Moines, IA | January 2, 2018. |
| 94,440C | Wells Fargo Bank NA, Corporate Finance, Enterprise Information Technology Organization, etc | West Des Moines, IA | January 2, 2018. |
| 94,440D | Wells Fargo Bank NA, Corporate Finance, Enterprise Information Technology Organization, etc | West Des Moines, IA | January 2, 2018. |
| 94,440E | Wells Fargo Bank NA, Corporate Finance, Controller Organization, Accounting-Controller, etc | West Des Moines, IA | January 2, 2018. |
| 94,440F | Wells Fargo Bank NA, Corporate Finance, Controller Organization, Accounting-Controller, etc | Gainesville, FL | January 2, 2018. |
| 94,440G | Wells Fargo Bank NA, Corporate Finance, Controller Organization, Accounting-Controller, etc | Phoenix, AZ | January 2, 2018. |
| 94,440H | Wells Fargo Bank NA, Corporate Finance, Controller Organization, Accounting-Controller, etc | Charlotte, NC | January 2, 2018. |
| 94,440I | Wells Fargo Bank NA, Corporate Finance, Controller Organization, Accounting-Controller, etc | Minneapolis, MN | January 2, 2018. |
| 94,440J | Wells Fargo Bank NA, Corporate Finance, Controller Organization, Accounting-Controller, etc | Portland, OR | January 2, 2018. |
| 94,440K | Wells Fargo Bank NA, Corporate Finance, Controller Organization, Accounting-Controller, etc | Charlotte, NC | January 2, 2018. |
| 94,440L | Wells Fargo Bank NA, Corporate Finance, Controller Organization, Supply Chain Management, etc | West Des Moines, IA | January 2, 2018. |
| 94,440M | Wells Fargo Bank NA, Corporate Finance, Enterprise Information Technology Organization, etc | West Des Moines, IA | January 2, 2018. |
| 95,332 | Barber Steel Foundry Corporation, Wabtec Corporation, Workbox Staffing LLC, Fast Track Staffing Inc | Rothbury, MI | October 28, 2018. |
| 95,358 | Unilever United States, Manpower | Englewood Cliffs, NJ | November 6, 2018. |
| 95,358A | Unilever United States, Manpower | Shelton, CT | March 2, 2020. |
| 95,358B | Unilever United States, Supply Chain Data Management, Manpower | Suffolk, VA | November 6, 2018. |
| 95,381 | Charles Komar & Sons, Inc | Jersey City, NJ | November 15, 2018. |
| 95,384 | Baptist Healthcare Systems, Inc., Medical Coding Group | New Albany, IN | November 18, 2018. |
| 95,385 | Cenveo Worldwide Limited, Discount Labels, IT Support Division | New Albany, IN | November 18, 2018. |
| 95,397 | Carestream Health, Inc., Information Technology, Datrose, Aerotek, Miller & Associates, etc | Rochester, NY | November 20, 2018. |
| 95,408 | Regal Beloit America, Inc., Regal Beloit Corporation, Luttrell Staffing Group | Erwin, TN | November 21, 2018. |
| 95,411 | Amphenol TCS, Amphenol, Additional Contract Services, Microtech Staffing, Triton Staffing | Nashua, NH | November 22, 2018. |
| 95,416 | Line Pipe Systems LLC, LPS Inc., Research and Development Division | Rancho Cucamonga, CA | November 22, 2018. |
| 95,421 | Dun & Bradstreet, Inc. (D & B), Customer Service Department, Dun & Bradstreet Corporation | Tucson, AZ | November 25, 2018. |
| 95,422 | Schneider Electric Systems USA Inc., Schneider Electric SE, Volt Funding Corporation, Artech Information Systems | Ashburn, VA | November 25, 2018. |
| 95,469 | UnitedHealthcare Services, Inc., UnitedHealth Group, OptumRx, BriovaRx Specialty Pharmacy, etc | Jeffersonville, IN | December 6, 2018. |
| 95,480 | Panasonic Customer Call Center, Panasonic Corporation of North America, Aerotek | Chesapeake, VA | December 13, 2018. |
| 95,494 | Overland Products Company, Inc., Premier Staffing, Inc | Fremont, NE | December 18, 2018. |
| 95,501 | Vivint Solar Developer, LLC, Vivint Solar, Inc | Lehi, UT | December 19, 2018. |
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 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 |
|---|---|---|---|
| 95,107 | The Waterbury Screw Machine Products Company | Waterbury, CT | |
| 95,122 | Conduent State & Local Solutions Inc., Conduent Business Services, LLC | London, KY | |
| 95,200 | Kopin Targeting Corporation, Kopin Corporation, Protingent Staffing | Scotts Valley, CA | |
| 95,223 | Pattison Sand Company, LLC | Clayton, IA | |
| 95,286 | Nestle Dreyer's Ice Cream Company, Direct Store Delivery, Nestle USA, Inc | North Little Rock, AR | |
| 95,327 | Nestle Dreyer' Ice Cream Company, Direct Store Delivery, Nestle USA, Inc | Portland, OR | |
| 95,327A | Nestle Dreyer's Ice Cream Company, Direct Store Delivery, Nestle USA, Inc | Eugene, OR | |
| 95,343 | Smithfield Fresh Meats Corporation, Warehouse Facility, Smithfield Foods, WH Group, Aerotek, Headway Staffing | Newport News, VA | |
| 95,425 | Nestle Dreyer's Ice Cream Company, Direct Store Delivery, Nestle USA, Inc | Bordentown, NJ | |
| 95,426 | Nestle Dreyer's Ice Cream Company, Direct Store Delivery, Nestle USA, Inc | Keasbey, NJ | |
| 95,435 | Nestle Dreyer's Ice Cream Company, Direct Store Delivery, Nestle USA, Inc | Tinley Park, IL | |
| 95,436 | Nestle Dreyer's Ice Cream Company, Direct Store Delivery, Nestle USA, Inc | Glendale Heights, IL | |
| 95,503 | The Dress Barn, Inc., Ascena Retail Group, Inc | Sioux Falls, SD | |
| 95,503A | The Dress Barn, Inc., Ascena Retail Group, Inc | Rapid City, SD |
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 |
|---|---|---|---|
| 95,413 | Digital Intelligence Systems, LLC (DISYS) | Glenn Allen, VA | |
| 95,413A | Digital Intelligence Systems, LLC (DISYS) | St. Louis, MO | |
| 95,485 | Comcast Cable Communications Xfinity, Security Fusion Center | Englewood, CO |
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The following determinations terminating investigations were issued in cases where the petition regarding the investigation has been deemed invalid.
| TA-W No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 95,372 | Ferrara Candy Company | Creston, IA |
The following determinations terminating investigations were issued because the worker group on whose behalf the petition was filed is covered under an existing certification.
| TA-W No. | Subject firm | Location | Impact date |
|---|---|---|---|
| 95,295 | Ignite Holdings, LLC | Winchester, VA | |
| 95,502 | Vivint Solar Developer, LLC, Vivint Solar, Inc | Lehi, UT |
I hereby certify that the aforementioned determinations were issued during the period of January 1, 2020 through January 31, 2020. These determinations are available on the Department's website https://www.doleta.gov/tradeact/petitioners/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 2020.
Hope D. Kinglock,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2020-04193 Filed 2-28-20; 8:45 am]
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