[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Notices]
[Pages 56141-56145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22922]
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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
[[Page 56142]]
during the period of August 23, 2010 through August 27, 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).
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 No. Subject firm Location Impact date
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73,873....................... Teleperformance USA Salt Lake City, UT...... March 30, 2009.
Corporation, TPUSA, Inc.
73,873A...................... Teleperformance USA Lindon, UT.............. March 30, 2009.
Corporation, TPUSA, Inc.
73,903....................... Owens-Illinois, Inc., Leased Clarion, PA............. April 9, 2009.
Workers from Manpower, Inc.
[[Page 56143]]
73,982....................... Smiths Medical PM, Inc., Waukesha, WI............ April 14, 2009.
Leased Workers from Aerotek
and Spherion.
74,133....................... Time Sensitive Circuits...... Amesbury, MA............ May 20, 2009.
74,171....................... Waytec Electronics Lynchburg, VA........... May 27, 2009.
Corporation, Leased Workers
from Alpha Omega, Kelly
Services, and ManPower.
74,237....................... Temple-Inland................ Evansville, IN.......... June 7, 2009.
74,279....................... Soo Tractor Sweeprake Company Sioux City, IA.......... June 12, 2009.
74,357....................... Cinram Distribution, LLC, Simi Valley, CA......... July 7, 2009.
Cinram International; Simi
Valley Distribution Center;
Leased Workers, etc.
----------------------------------------------------------------------------------------------------------------
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 No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
72,869....................... Dell, Inc., Global Command Oklahoma City, OK....... November 11, 2008.
Center and Proactive
Maintenance Divisions;
Leased Workers, etc.
73,153....................... Kimberly-Clark Global Sales, Neenah, WI.............. December 18, 2008.
Inc., Kimberly-Clark
Corporation; Leased Workers
from Stafflogix Corporation.
73,153A...................... Kimberly-Clark Worldwide, Neenah, WI.............. December 18, 2008.
Inc., Kimberly-Clark
Corporation; Leased Workers
from Stafflogix Corporation.
73,657....................... SunGard Public Sector, Lake Mary, FL........... March 5, 2009.
SunGard Data Systems.
73,809....................... Hewlett Packard/EDS, Primary Cincinnati, OH.......... March 19, 2009.
Delivery Engineer Unit,
Working On-Site At Proctor &
Gamble.
73,909....................... International Business Mechanicsburg, PA....... March 29, 2009.
Machines (IBM), Service
Parts Organizations.
74,141....................... Affiliated Computer Services, Dallas, TX.............. May 24, 2009.
Inc., Xerox Corporation,
Workers of ACS Application
Management Services, etc.
74,156....................... Mattel, Inc., Global City of Industry, CA.... May 17, 2009.
Logistics Org., Distribution
Center, Leased Workers
Select Staffing.
74,164....................... International Business Greenville, SC.......... May 26, 2009.
Machines (IBM), Global
Technology Services Delivery
Division.
74,185....................... LF USA, Inc., Li & Fung New York, NY............ May 21, 2009.
Limited, Leased Workers from
Winston Staffing.
74,319....................... RR Donnelley, Digital Pontiac, IL............. June 29, 2009.
Solutions Center Division.
74,336....................... Polaris Industries, Leased Osceola, WI............. June 28, 2009.
Workers from Westaff.
74,368....................... Novartis Pharmaceuticals East Hanover, NJ........ July 9, 2009.
Corporation, Electronic Data
Management Division; Leased
Workers from RCM
Technologies, etc.
74,386....................... Goodyear Tire & Rubber Tyler, TX............... June 30, 2009.
Company, Tyler Plant; Leased
Workers Unicco Contracted
Services and Kelly Services.
74,413....................... McGuire Furniture Company, San Francisco, CA....... July 8, 2009.
Kohler Co., Leased Workers
from Manpower and Ajilon.
74,465....................... Harman Consumer, Inc., Northridge, CA.......... August 2, 2009.
Engineering Department;
Division of Harman
International Industries,
Inc..
74,472....................... EMC Corporation, Information Research Triangle Park, July 30, 2009.
Infrastructure Products, NC.
Ionix Software Engineers.
74,472A...................... EMC Corporation, Information Hopkinton, MA........... July 30, 2009.
Infrastructure Products,
Ionix Software Engineers.
74,473....................... EMC Corporation, Information Alexandria, VA.......... July 30, 2009.
Infrastructure Products,
Ionix Software Engineers.
74,474....................... EMC Corporation, Information Berkeley Heights, NJ.... July 30, 2009.
Infrastructure Products;
Ionix Software Engineers;
etc.
74,479....................... EMC Corporation, Information Richardson, TX.......... July 30, 2009.
Infrastructure Products;
Ionix Software Engineers.
74,480....................... EMC Corporation, Information White Plains, NY........ July 30, 2009.
Infrastructure Products;
Ionix Software Engineers.
74,503....................... Road 9, Inc., Leased Workers Greenwood Village, CO... August 10, 2009.
From TPA-Administaff
Companies II, LP.
74,523....................... RR Donnelley, Digital Glasgow, KY............. August 11, 2009.
Solutions Center Division;
Leased Workers from Quality
Personnel.
74,531....................... Anthem Insurance Companies, Mason, OH............... August 13, 2009.
Inc., Wellpoint, Finance
Accounting, Leased Workers
from Rogert Half/Accounting
etc.
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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 No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
73,610....................... Visteon Corporation, Springfield, OH......... March 2, 2009.
Springfield Plant; Leased
Workers MSX International,
Adecco, Manpower.
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[[Page 56144]]
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 No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
73,335....................... Arvin Technologies, Inc...... Troy, MI. ........................
73,335A...................... ArvinMeritor, Inc............ Troy, MI. ........................
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
74,235....................... RSG Forest Products, Inc..... Kalama, WA. ........................
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
73,045....................... Techline, USA, Leased Workers Waunakee, WI. ........................
from Express Employment
Professionals.
73,137....................... Loadcraft Industries, Ltd.... Brady, TX. ........................
73,479....................... Enesco, LLC, Gund Division, Edison, NJ. ........................
Distribution Center.
73,508....................... Wausau Window And Wall Wausau, WI. ........................
Systems, A Subsidiary of
Apogee Enterprises, Inc.
73,551....................... RMC Pacific Materials, Inc., Davenport, CA. ........................
Cemex, Inc.
73,685....................... Northwestern Tool & Die, LLC. Vernon Hills, IL. ........................
73,815....................... Colfax Envelope Corporation.. Buffalo Grove, IL. ........................
74,079....................... San Francisco Chronicle, Union City, CA. ........................
Hearst Communications,
Leased Workers from
Correstaff, etc.
74,089....................... The Eastridge Group of San Diego, CA. ........................
Staffing Companies,
Contractors & Builders
Division; Bosa Holding, Inc.
74,118....................... Ach Food Company, Inc........ Jacksonville, IL. ........................
74,192....................... KDH Defense Systems, Waynesburg, PA. ........................
Incorporated.
74,375....................... Wisconsin Bell, Inc., Doing Milwaukee, WI. ........................
Business As Wisconsin Bell;
Consumer Centers Sales and
Services.
74,458....................... Smart-Sox, Inc............... Thomasville, NC. ........................
74,462....................... US Airways, Inc., Port Columbus, OH. ........................
Columbus, Fleet Services.
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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 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
----------------------------------------------------------------------------------------------------------------
74,475....................... EMC Corporation, Information Berkeley Heights, NJ. ........................
Infrastructure Products,
Ionix Software Engineers.
74,476....................... EMC Corporation, Information Colorado Springs, CO. ........................
Infrastructure Products,
Ionix Software Engineers.
74,477....................... EMC Corporation, Information Colorado Springs, CO. ........................
Infrastructure Products,
Ionix Software Engineers.
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
74,478....................... EMC Corporation, Information Duluth, GA. ........................
Infrastructure Products,
Ionix Software Engineers.
[[Page 56145]]
74,535....................... The TriZetto Group, Inc...... Greenwood Village, CO. ........................
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I hereby certify that the aforementioned determinations were issued
during the period of August 23, 2010 through August 27, 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 website at http://www.doleta.gov/tradeact under the
searchable listing of determinations.
Dated: September 3, 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-22922 Filed 9-14-10; 8:45 am]
BILLING CODE 4510-FN-P