[Federal Register Volume 75, Number 162 (Monday, August 23, 2010)]
[Notices]
[Pages 51846-51849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20790]
-----------------------------------------------------------------------
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
August 2, 2010 through August 6, 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
[[Page 51847]]
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).
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 No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
72,580................... Criterion Catalysts & Belmont, WV............ October 13, 2008.
Technologies L.P..
73,207................... O'Neal Steel, Inc., Greensboro, NC......... December 31, 2008.
Leased Workers from
Advantage Staffing.
73,566................... Precision Etchings and Warwick, RI............ February 24, 2009.
Findings, Inc..
73,892................... Design Ware, American Kalamazoo, MI.......... April 5, 2009.
Greetings, Leased
Workers Advanced
Employment.
74,179................... Thakar Aluminum Sandusky, OH........... May 27, 2009.
Corporation.
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
72,954................... RBP Chemical Technology, Milwaukee, WI.......... November 24, 2008.
Inc..
73,083................... Viewpointe Archive Parsippany, NJ......... December 11, 2008.
Services, LLC, On-Site
Leased Workers from
Atrium Staffing.
73,124................... Suite Simplicity, LLC, Greensboro, NC......... December 17, 2008.
Formerly Deco Lav, Inc.
73,309................... Ceratizit USA, Inc., Derry, PA.............. January 13, 2009.
zCrtsyixit S.A., On-
Site Leased Workers
from The Callos Company
and Adecco.
73,368................... NCI Group, Inc., DBA A&S Rocky Mount, NC........ January 25, 2009.
Building Systems;
Leased Workers of
Daniel Group.
73,483................... Insulet Corporation, Bedford, MA............ February 8, 2009.
Leased Workers from
John Galt Staffing, GCR
Professional Services,
etc.
73,556................... Flextronics America, Creedmoor, NC.......... February 23, 2009.
LLC, Flextronics
International USA, On-
Site Leased Workers
form Aerotek.
73,606................... Leased Workers From Brooklyn Park, MN...... March 1, 2009.
Teksystems, Ajilon, and
Pomeroy, Working On-
Site at Target
Corporation, North
Campus Rollout Room.
73,734................... Purchasingnet, Inc., Red Bank, NJ........... March 16, 2009.
Research & Development,
and General &
Administrative, ESW,
etc.
73,891................... Emerson Process McKinney, TX........... April 7, 2009.
Management Regulator
Technologies, Inc.,
Emerson Electric
Company.
73,975................... CareFusion 209, Middleton, WI.......... April 6, 2009.
Incorporated, Leased
Workers from Aerotek
and Adecco.
73,986................... AT&T Services, Inc., Bothell, WA............ April 19, 2009.
Information Technology.
73,991................... JBL Incorporated, Harman Northridge, CA......... June 25, 2010.
International
Industries, Leased
Workers Select
Staffing, etc.
[[Page 51848]]
73,992................... BP Solar International, Frederick, MD.......... April 23, 2009.
Inc., Subsidiary of BP
America International,
Inc., Leased Workers of
Aerotek, etc.
74,038................... Tyden Brooks Security Phillipsburg, NJ....... April 30, 2009.
Products Group, On-Site
Leased Workers from ERG
Staffing Service &
Express Employment, etc.
74,124................... Precision Wire Tualatin, OR........... April 23, 2009.
Components, Leased
Workers From Aerotek.
74,170................... Con-way Enterprise Portland, OR........... May 28, 2009.
Services, Accounting,
Fixed Assets and IT
Infrastructure
Divisions; etc.
74,172................... Toshiba America Consumer Lebanon, TN............ May 28, 2009.
Products, Inc.,
Tennessee Operations
Product Return Center
(``PRC'').
74,187................... Fairchild Semiconductor, Mountaintop, PA........ June 3, 2009.
Leased Workers from
NStar Global Services.
74,209................... Citicorp Credit Tucson, AZ............. June 1, 2009.
Services, Inc. (USA),
Risk and Fraud
Operations Divisions,
Citigroup, Inc.
74,292................... Precision Dynamics San Fernando, CA....... June 14, 2009.
Corporation.
74,299................... Anthem Blue Cross and South Portland, ME..... June 24, 2009.
Blue Shield of Maine,
Wellpoint, Inc., Leased
Workers Iconma,
Indecon, Pinnacle, etc.
74,382................... J.P. Morgan Chase, Troy Troy, MI............... July 12, 2009.
Telephone Banking.
74,397................... Progress Software Bedford, MA............ July 12, 2009.
Corporation, Off-Site
Workers Reporting to
Bedford, Massachusetts
from Arizona, etc.
74,398................... Progress Software El Segundo, CA......... July 12, 2009.
Corporation.
74,399................... Progress Software San Francisco, CA...... July 12, 2009.
Corporation.
74,400................... Progress Software Nashua, NH............. July 12, 2009.
Corporation.
74,401................... Savvion, A Progress Santa Clara, CA........ July 12, 2009.
Software Company.
74,402................... DataDirect Technologies. Los Gatos, CA.......... July 12, 2009.
74,403................... Progress Software Oak Brook, IL.......... July 12, 2009.
Corporation.
74,404................... Progress Software Largo, MD.............. July 12, 2009.
Corporation.
74,405................... Progress Software New York, NY........... July 12, 2009.
Corporation.
74,406................... DataDirect Technologies Morrisville, NC........ July 12, 2009.
Headquarters.
74,407................... Progress Software Austin, TX............. July 12, 2009.
Corporation.
74,408................... DataDirect Technologies. Sugar Land, TX......... July 12, 2009.
74,409................... DataDirect Technologies. Fairfax, VA............ July 12, 2009.
74,410................... DataDirect Technologies. Norfolk, VA............ July 12, 2009.
74,431................... Evonik Cyro, LLC, Evonik Sanford, ME............ July 22, 2009.
Industries, On-Site
Leased Workers from
Manpower.
----------------------------------------------------------------------------------------------------------------
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 No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
72,988................... Matcor Automotive, Inc., Moberly, MO............ November 24, 2008.
On-Site Leased Workers
from GSN Staffing,
Ameristaff & Express,
etc.
73,378................... General Fasteners Richmond, IN........... January 27, 2009.
Company.
73,689................... General Motors Component Kokomo, IN............. February 15, 2010.
Holdings, LLC, General
Motors Company; Delphi
Corporation,
Electronics & Safety
Division.
74,130................... Eagle Express Trucking, Saint Marys, PA........ May 20, 2009.
Inc..
74,205................... River Bend Industries, Fort Smith, AR......... May 10, 2009.
LLC, Leased Workers
Firststaff.
----------------------------------------------------------------------------------------------------------------
The following certifications have been issued. The requirements of
Section 222(c) (downstream producer for 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
----------------------------------------------------------------------------------------------------------------
73,871................... Weyerhaeuser Company, Sacramento, CA......... April 6, 2009.
iLevel Sales Service
Center.
----------------------------------------------------------------------------------------------------------------
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)(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 No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
73,683................... Contour Aerospace Everett, WA............
Corporation, a division
of Vought Aircraft
Industries.
74,173................... Liberty Healthcare Bala Cynwyd, PA........
Corporation.
----------------------------------------------------------------------------------------------------------------
[[Page 51849]]
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 No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
72,122................... The Dial Corporation.... St. Louis, MO..........
72,762................... Upper Connecticut Valley Colebrook, NH..........
Hospital Association,
Inc.
72,949................... Western Digital Lake Forest, CA........
Technologies, Inc.,
Corporate Headquarters/
Hard Drive Development
Division.
73,225................... Custom Hoists, Inc., Hayesville, OH.........
Standex International.
73,579................... Consolidated Glass and Galax, VA..............
Mirror Corp., Guardian
Industries Corp.
73,629................... Plycraft Industries, Huntington Beach, CA...
Inc..
73,655................... Lamson Pipe Company..... Erie, PA...............
73,702................... Komatsu Latin America Miami, FL..............
Corporation, Komatsu
America Corporation.
74,297................... Aero-Metric, Inc........ Seattle, WA............
74,355................... Dish Network Service McKeesport, PA.........
L.L.C., McKeesport
Dispatch-DNS.
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
73,735................... Product Action.......... Dayton, OH.............
74,376................... Ellwood Crankshaft & Hermitage, PA..........
Machine Company.
74,421................... Fairfield Chair Company, Lenoir, NC.............
Plant 1.
74,440................... Hagemeyer North America, Charleston, SC.........
Sonepar USA.
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
73,890................... Pioneer Press, Ltd...... Kaukauna, WI...........
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
74,153................... Freescale Semiconductor, Austin, TX.............
Inc., Quality Division,
Leased Workers from
ManPower.
74,231................... Swets Information Runnemede, NJ..........
Service, Finance
Department.
74,282................... Diebold Incorporated.... North Canton, OH.......
----------------------------------------------------------------------------------------------------------------
I hereby certify that the aforementioned determinations were
issued during the period of August 2, 2010 through August 6, 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.
Date: August 11, 2010.
Michael W. Jaffe,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-20790 Filed 8-20-10; 8:45 am]
BILLING CODE P