[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Pages 47633-47636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19389]
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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 19, 2010 through July 23, 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));
(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).
[[Page 47634]]
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.
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TA-W number Subject firm Location Impact date
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72,700............................... The H.B. Smith Company, Westfield, MA.......... October 27, 2008.
Inc., Leased Workers
of Account Temps.
72,726............................... U.S. Textile Newland, NC............ October 21, 2008.
Corporation, Newland
Division.
73,089............................... Talbar, Inc............ Meadville, PA.......... December 11, 2008.
73,205............................... Mr. Bruno & Canio, LTD. Brooklyn, NY........... December 17, 2008.
73,236............................... Xcel Mold & Machine, North Canton, OH....... January 4, 2009.
Inc.
73,518............................... Airmate Company........ Bryan, OH.............. February 16, 2009.
73,818............................... Endicott Interconnect Saxonburg, PA.......... March 26, 2009.
Technologies, Inc.,
Detection & Imaging
Systems.
73,952............................... Genlyte Thomas Group, Fall River, MA......... April 13, 2009.
LLC.
74,076............................... Feng Sheng Garments, San Francisco, CA...... May 5, 2009.
Inc..
74,197............................... Kincaid Furniture Hudson, NC............. July 17, 2010.
Company, Inc., Plant
1, Foothills Temporary
Employment.
74,197A.............................. Kincaid Furniture Hudson, NC............. July 17, 2010.
Company, Inc.,
Corporate Office,
Foothills Temporary
Employment.
74,198............................... Kincaid Furniture Hudson, NC............. July 18, 2010.
Company, Inc.,,
Shipping Department;
Leased Workers from
Foothills Temporary
Employment.
74,199............................... Kincaid Furniture Hudson, NC............. July 18, 2010.
Company, Inc., Plant 9
Lumber Yard; Leased
Workers from Foothills
Temporary Employment.
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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.
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TA-W number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
72,494............................... Hewlett Packard, Miramar, FL............ October 2, 2008.
Electronic Data
Systems, LLC;
Enterprise Services
Division; Leased
Workers, etc.
72,559............................... Symmetricom, Inc., San Jose, CA........... October 9, 2008.
Engineering Dept. and
IT Dept., Leased
Workers Albany
Staffing and Office
Team.
72,746............................... Merkle-Korff Darlington, WI......... October 21, 2008.
Industries, Leased
Workers from Furst
Staffing and QTI Group.
72,806............................... 3M Company, Electronic Soquel, CA............. November 3, 2008.
Solutions Division,
Leased Workers Volt
Workforce Solutions.
73,534............................... U.S. Natural Resources, Painesville, OH........ February 1, 2009.
Inc.
73,612............................... Weiman/Preview, A Christiansburg, VA..... February 22, 2009.
Division of Interlude
Furniture, LLC.
73,817............................... Meridian Automotive Detroit, MI............ March 1, 2009.
Systems.
74,046............................... Celestica, Inc., Leased San Jose, CA........... April 26, 2009.
Workers of Adecco
Employment Services.
74,227............................... DP/DHL, DHL Information Scottsdale, AZ......... August 11, 2008.
Services (Americas),
Leased workers Axway,
Inc., Beeline, Cisco,
Cognizant Tech
Solutions, etc..
74,351............................... Anthem Insurance Mason, OH.............. July 1, 2009.
Companies, Inc.,
Subsidiary of
Wellpoint, Inc., Admin
Serv., Robert Half/
Accountemps, etc.
74,351A.............................. Anthem Insurance Cincinnati, OH......... July 1, 2009.
Companies, Inc.,
Subsidiary of
Wellpoint, Inc.,
Accounts Payable,
etc., Robert Half.
[[Page 47635]]
74,367............................... Sensata Technologies Attleboro, MA.......... June 30, 2009.
Inc., Customer Service
Organization, Leased
Workers from Olsten
Staffing Services.
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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.
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TA-W number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
72,465............................... BBI Enterprises Group, Holland, MI............ September 30, 2008.
Inc.
72,799............................... Chrome Craft Highland Park, MI...... November 6, 2008.
Corporation, A Wholly
Owed Subsidiary of
Flex-N-Gate Chrome
Corporation.
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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.
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TA-W number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
74,115............................... Qwest Services Seattle, WA............
Corporation and Qwest
Communication Company,
LLC, Business
Marketing Group.
----------------------------------------------------------------------------------------------------------------
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 number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
72,306............................... O'Bryan Bros., Inc..... Chicago, IL............
72,306A.............................. O'Bryan Bros., Inc..... New York, NY...........
72,486............................... Premcor Refining Group, Delaware City, DE......
Inc., Valero Energy
Corporation; Valero
Delaware City Refinery.
72,693............................... Jim Walter Homes, Inc.. Tampa, FL..............
72,828............................... Krieger-Ragsdale....... Evansville, IN.........
73,235............................... ALD Thermal Treatment, Blythewood, SC.........
Inc.
73,458............................... Chrysler Financial Troy, MI...............
Services Americas,
LLC, Finco
Intermediate Holding
Co., LLC, Troy
Customer Contact
Center.
73,510............................... Liz Claiborne, Lincoln, RI............
Distribution Center.
73,654............................... Bose Corporation, Framingham, MA.........
California Avenue.
73,756............................... Progressive Furniture, Claremont, NC..........
Inc., Leased Workers
from Onin Staffing, a
Subsidiary of Sauder
Furniture.
74,106............................... Verisk Health.......... Cheshire, CT...........
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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 number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
74,004............................... Dixie Belle Textiles, Elkin, NC..............
Inc.
74,302............................... Innatech LLC........... Lebanon, OH............
74,388............................... Computer Telephony Minnetonka, MN.........
Engineering
Corporation.
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[[Page 47636]]
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.
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TA-W number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
72,982............................... Hewlett Packard, Indianapolis, IN.......
Working on-site at
Ryder Logistics.
74,158............................... Cameron Surface Systems Oklahoma City, OK......
----------------------------------------------------------------------------------------------------------------
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.
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TA-W number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
74,165............................... Trinity Tank Car, Inc., Longview, TX...........
Plant 1194.
74,166............................... Trinity Tank Car, Inc., Longview, TX...........
Plant 1110.
74,167............................... Trinity Tank Car, Inc., Longview, TX...........
Plant 17.
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I hereby certify that the aforementioned determinations were
issued during the period of July 19, 2010 through July 23, 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 [email protected]. These
determinations also are available on the Department's Web site at
http://www.doleta.gov/tradeact under the searchable listing of
determinations.
Dated: July 27, 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-19389 Filed 8-5-10; 8:45 am]
BILLING CODE 4510-FN-P