[Federal Register Volume 75, Number 184 (Thursday, September 23, 2010)]
[Notices]
[Pages 57980-57983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23827]
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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
September 7, 2010 through September 10, 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
[[Page 57981]]
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; and
(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;
and
(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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73,584........................... Analog Devices, Inc., Cambridge, MA....... March 1, 2009.
Leased Workers from EDA,
Inc. and Nstar Global
Services.
73,651........................... File-EZ Folder, Inc., Spokane, WA......... March 5, 2009.
Leased Workers from PRO
People Staffing Services.
74,284........................... ITW ChronoTherm, Illinois Elmhurst, IL........ June 14, 2009.
Tool Works, Leased
Workers of Flexicorp,
Inc.
74,378........................... Balzout, Inc............. Nitro, WV........... June 30, 2009.
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[[Page 57982]]
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
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73,550........................... International Business Charlotte, NC....... February 16, 2009.
Machines (IBM), Global
Technology Services
Delivery Division, Off-
Site Teleworkers.
73,637........................... Lexmark International, Lexington, KY....... February 26, 2009.
Inc., Imaging Services,
Printing Solutions,
etc., Leased Workers,
etc.
74,318........................... Connectivity Solutions Omaha, NE........... June 29, 2009.
Manufacturing, Inc.,
Commscope, Inc. of North
Carolina.
74,326........................... Pitney Bowes, Inc., Shelton, CT......... June 23, 2009.
Mailing Solutions
Management Division,
Leased Workers of
Guidant Group.
74,350........................... PricewaterhouseCoopers Chicago, IL......... June 24, 2009.
LLP, Internal Firm
Services, Client Account
Administrators.
74,429........................... E.J. Brooks Company, dba Livingston, NJ...... July 1, 2009.
Tydenbrooks Security
Products Group, Leased
Workers, etc.
74,453........................... REA Magnet Wire Company, Osceola, AR......... July 26, 2009.
Inc., Algonquin
Industries Division.
74,466........................... Hewlett Packard Company, Palo Alto, CA....... June 22, 2009.
Enterprise Business
Division, Leased Workers
of QFLEX, etc.
74,487........................... Aloecorp, Inc., Leased Lyford, TX.......... August 4, 2009.
Workers from Link
Staffing.
74,489........................... Warner Chilcott Norwich, NY......... August 6, 2009.
Pharmaceuticals, Inc.
74,494........................... Dyno Nobel, Inc., Power Ulster Park, NY..... July 28, 2009.
Service Group.
74,497........................... Deluxe Digital Studios, Moosic, PA.......... July 10, 2009.
Inc., Deluxe
Laboratories, Inc.,
Leased Workers from
Adecco Staffing.
74,509........................... NYK Business Systems Seattle, WA......... August 6, 2009.
Americas Inc., NYK Group
Americas, Leased Workers
Tyken, Ideaon, Comsys,
TEK Systems, etc.
74,516........................... Control Components Inc., Rancho Santa August 11, 2009.
A Subsidiary of IMI, Margarita, CA.
PLC, Leased Workers from
Mattson, Axis Technology
Group, etc.
74,527........................... Mahle Engine Components, Caldwell, OH........ August 10, 2009.
Leased Workers from
Action Total Staffing.
74,532........................... Whaling Distributors, Fall River, MA...... August 21, 2009.
Inc., Aminicor, Inc.
74,536........................... Xerox Corporation, Inside Lewisville, TX...... July 30, 2009.
Sales Supply Center,
Leased Workers of
Spherion, Superior
Staffing, etc.
74,543........................... CertainTeed Corporation.. Mountain Top, PA.... August 12, 2009.
74,548........................... Propex Operating Company, Bainbridge, GA...... August 18, 2009.
LLC, Leased Workers from
Ambassador Personnel.
74,563........................... All American Sports Group San Antonio, TX..... August 20, 2009.
Corporation, Leased
Workers from Manpower
Staffing Services and
Kelly 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 No. Subject firm Location Impact date
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74,265........................... Smith Micro Technologies, Vadnais Heights, MN. June 17, 2009.
Inc.
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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 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.
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TA-W No. Subject firm Location Impact date
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73,659........................... Meridian Enterprises Washington, MO...... ............................
Corporation, Call Center.
73,812........................... Johnson Controls, Inc.... Rockwood, MI........ ............................
73,973........................... Scientific Games South Barre, VT..... ............................
International, Inc.,
Scientific Games
Corporation.
73,974........................... Scientific Games Concord, NH......... ............................
International, Inc.,
Scientific Games
Corporation.
74,034........................... MMG Corporation.......... St. Louis, MO....... ............................
74,104........................... Metalsa Structural Pottstown, PA....... ............................
Products, Inc., Dana
Corporation Structural
Products.
74,196........................... Ozark Dodge.............. Ozark, MO........... ............................
74,289........................... Caye Upholstery, LLC, New Albany, MS...... ............................
Caye Home Furnishings,
LLC.
[[Page 57983]]
74,289A.......................... Caye Upholstery, LLC, Star, NC............ ............................
Caye Home Furnishings,
LLC.
74,289B.......................... Caye Upholstery, LLC, Taylorsville, NC.... ............................
Caye Home Furnishings,
LLC.
74,289C.......................... Caye Upholstery, LLC, Tampa, FL........... ............................
Caye Home Furnishings,
LLC.
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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.
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TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
73,776........................... Workshops of G.E. Henn New Waterford, OH... ............................
Pottery.
73,816........................... IUE-CWA Local Union 808, Evansville, IN...... ............................
International Union of
Electronic, Electrical,
Salaried, etc.
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The following determinations terminating investigations were issued
because the petitions are the subject of ongoing investigations under
petitions filed earlier covering the same petitioners.
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TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
74,303........................... AGY Holding Corporation.. Huntingdon, PA...... ............................
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The following determinations terminating investigations were issued
because the Department issued a negative determination on petitions
related to the relevant investigation period applicable to the same
worker group. The duplicative petitions did not present new information
or a change in circumstances that would result in a reversal of the
Department's previous negative determination, and therefore, further
investigation would duplicate efforts and serve no purpose.
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TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
74,107........................... ATK Launch Systems, Inc., Brigham City, UT.... ............................
Alliant Techsystems, Inc.
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I hereby certify that the aforementioned determinations were issued
during the period of September 7, 2010 through September 10, 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: September 15, 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-23827 Filed 9-22-10; 8:45 am]
BILLING CODE 4510-FN-P