[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Notices]
[Pages 34173-34175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14452]
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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 May
24, 2010 through May 28, 2010.
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));
[[Page 34174]]
(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-73,706: Blumenthal Print Works, Inc., Head Office, New Orleans,
LA: March 11, 2009
TA-W-71,871: Watts Regulator, Leased Workers from Employment Staffing,
Inc., Spindale, NC: July 30, 2008
TA-W-72,393: Global Safety Textiles, Automotive Safety Division of
International Textile Group, Greenville, SC: September 22, 2008
TA-W-73,290: SMI Crankshaft, LLC, Fostoria, OH: January 13, 2009
TA-W-73,448: Blue Heron Paper Company, Oregon City, OR: February 1,
2009
TA-W-73,470: Sykes Enterprises, Incorporated, Milton-Frewater, OR:
February 5, 2009
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-72,816: Merkel Freudenberg, Inc., Freudenberg-NOK and Leased
Workers from Aventure Staffing, Spencer, IA: November 9, 2008
TA-W-73,292: Huntington Foam LLC, Fort Smith Division, Fort Smith, AR:
January 6, 2009
TA-W-73,427: Haldex Hydraulics Corporation, Statesville Location,
Leased Workers Onin Staffing and Manpower, Statesville, NC: January 29,
2009
TA-W-73,453: Multi-Fineline Electronix, Incorporation, DBA MFLEX,
leased workers from Adecco, Anaheim, CA: January 22, 2009
TA-W-73,525: Halliburton Company, Technology and Engineering Division,
Duncan, OK: February 17, 2009
TA-W-73,592: Schneider Electric, Leased Workers from Volt, Columbia,
MO: March 1, 2009
TA-W-73,594: Glaston USA, Inc., Glaston America, Inc., Cinnaminson, NJ:
March 1, 2009
TA-W-73,726: Pentair Water, Water Pump Manufacturing Plant, Leased
Workers of Mancan and Spherion, Ashland, OH: March 4, 2009
TA-W-73,800: Sensata Technologies MA, Incorporated, Power Controls
Division, Airpax Corporation, Cambridge, MD: March 25, 2010
TA-W-73,854: MSA, Englewood-Fall Protection, Leased Workers Primesource
Staffing & Advantage, Englewood, CO: March 24, 2009
TA-W-73,934: Pass & Seymour/Legrand, Legrand North America; Leased
Workers from Select Staffing and Aerotek, Concord, NC: June 14, 2010
TA-W-73,957: Cessna Aircraft, Columbus Facility, Fabrication and
Assembly, Leased Workers Manpower, Columbus, GA: April 15, 2009
TA-W-73,525A: Halliburton Company, Finance and Administration Division,
Duncan, OK: February 17, 2009
TA-W-73,092: Sun Microsystems, Inc., Oracle Corporation, Netbeans
Engineering Division, Santa Clara, CA: December 1, 2008
TA-W-73,202: Sumtotal Systems, Inc., Bellevue, WA: December 31, 2008
TA-W-73,403: Honeywell Transportation Systems, Turbo Technology
Division, Leased Workers Manpower Professional, Torrance, CA: January
25, 2009
TA-W-73,434: Festo Corporation, Customer Resource Center, Earth City,
MO: January 28, 2009
TA-W-73,481: Dish Network, LLC, Customer Service Call Center, Leased
Workers Clean Care and US Security, Mckeesport, PA: February 8, 2009
TA-W-73,573: LaCie Limited, Technical Support Group, Leased Workers
from Aerotek, Hillsboro, OR: February 22, 2009
TA-W-73,704: Qantas Airways Limited, Tucson Reservations Center,
Tucson, AZ: March 12, 2009
TA-W-73,710: Sam Malone Enterprises, Inc., City of Industry, CA: March
11, 2009
TA-W-73,833: VF Jeanswear Limited Partnership, VF Corporation, Holly
Pond, AL: April 1, 2009
TA-W-74,003: VF Jeanswear Limited Partnership, Procurement Department,
Greensboro, NC: April 22, 2009
TA-W-72,454: Columbia St. Mary's, Inc., Ascension Health, Medical
Billing, Leased Workers Accretive Health, Glendale, WI: September 29,
2008
TA-W-73,405: Freedom Communications, Inc., Information Technology,
Leased Workers Abigail Abbott Corelink, Kforce, Santa Ana, CA: January
29, 2009
TA-W-73,740: Allstate Insurance Company, Allstate Product Technology
Division, Northbrook, IL: March 12, 2009
TA-W-73,889: Health Net, Inc., Claims Processing Group, Systems
Configuration Org.; Leased Workers Kelly, Shelton, CT: April 7, 2009
TA-W-73,889A: Health Net, Inc., Claims Processing Group, Systems
Configuration Org.; Leased Workers Kelly, Matawan, NJ: April 7, 2009
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-72,445: Ven Ply, Inc., High Point, NC: September 29, 2008
TA-W-73,031: Bruckner Supply Company, Inc., Dana Holding Corporation,
Longview, TX: November 25, 2008
TA-W-73,429: Masonico, LLC, Leased Workers from Personnel Unlimited,
Fraser, MI: January 29, 2009
TA-W-73,690: LSI Marcole, Inc., LSI Industries, Inc., Leased Workers
from Ranstad, Manchester, TN: March 5, 2009
TA-W-73,885: IAC Sheyboygan, LLC, Sheyboygan, WI: April 8, 2009
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-73,882: Ford Motor Company, Maumee Stamping Plant, Maumee, OH
[[Page 34175]]
TA-W-72,049A: Tennant Company, Maple Grove, MN
The investigation revealed that the criteria under paragraphs
(a)(2)(A)(i) (decline in sales or production, or both) and (a)(2)(B)
(shift in production or services to a foreign country) of section 222
have not been met.
TA-W-73,478: Attachmate Corporation, Localization Group, Seattle, WA
TA-W-73,527: TG Kentucky, LLC, Toyoda Gosei North America Corporation,
Lebanon, KY
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-72,049: Tennant Company, Minneapolis, MN
TA-W-72,302: Cargo Solutions LLC, Princeton, Princeton Delivery
Systems; Cargotec U.S. Manufacturing; Cargotec Holding, Canal
Winchester, OH
TA-W-72,603: The Woodbridge Group, Woodbridge Ventures, Auburn Hills,
MI
TA-W-72,621: Agr International, Inc., Butler, PA
TA-W-72,697: Lucite International, Inc., Nederland, TX
TA-W-73,080: ATK Launch Systems, Inc., Alliant Techsystems, Inc.,
Corinne, UT
TA-W-72,434: Ford Motor Company, World Headquarters Division, Dearborn,
MI
TA-W-72,675: Kenco Logistic Services, LLC, Evansville, IN
TA-W-73,467: ASTAR Air Cargo, Inc., Florence, KY
TA-W-73,503: Compass Group USA, Inc., Canteen, Webster City, IA
TA-W-73,512: GlaxoSmithKline, LLC, Sales Division, Springfield, MO
TA-W-73,617: Air Products and Chemicals, Inc., Research Division,
Allentown (Trexlertown), PA
TA-W-73,905: McNeil and NRM, Inc., Akron, OH
TA-W-73,525B: Halliburton Energy Services, Duncan Field Camp Division,
Duncan, OK
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-72,698: Designs Now, Kettering, OH
TA-W-72,727: Andrews International, Inc., Evansville, IN
TA-W-73,217: Yazaki North America, Fenton, MO
TA-W-73,372: Sylvan Hardwoods, LLC, McRae, GA
TA-W-73,410: Industrial Machining Corporation, Fort Smith, AR
TA-W-73,830: CMC Markets (US) LLC, New York, NY
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-73,820: Adrenaline Sporting Goods, LLC, Sherwood, OR
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-72,740: Bruss North America, Russell Springs, KY
I hereby certify that the aforementioned determinations were
issued during the period of May 24, 2010, through May 28, 2010.
Copies of these determinations may be requested under the Freedom of
Information Act. Requests may be submitted by fax, courier services,
or mail to FOIA Disclosure Officer, Office of Trade Adjustment
Assistance (ETA), U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210 or to [email protected]. These
determinations also are available on the Department's Web site at
www.doleta.gov/tradeact under the searchable listing of
determinations.
Dated: June 7, 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-14452 Filed 6-15-10; 8:45 am]
BILLING CODE 4510-FN-P