[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Notices]
[Pages 60142-60145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24384]
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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 13, 2010 through September 17, 2010.
In order for an affirmative determination to be made for workers of
a primary firm and a certification issued
[[Page 60143]]
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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73,471.................... Kelman Glass, LLC, DBA L.E. Mount Pleasant, PA.. February 3, 2009.
Smith Glass Company.
73,990.................... Trinity North American Fort Worth, TX...... April 23, 2009.
Freight Car, Inc., Freight
Car, Plant 26.
74,280.................... Whirlpool Corporation, Benton Benton Harbor, MI... June 18, 2009.
Harbor Division, Leased
Workers from Aerotek.
[[Page 60144]]
74,412.................... Convergys.................... Albuquerque, NM..... June 29, 2009.
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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 No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
73,152.................... Dell, Inc., Enterprise Server Round Rock, TX...... December 18, 2008.
Technical Support for
Americas.
73,593.................... International Business Boulder, CO......... February 24, 2009.
Machines (IBM), Global
Technology Services Delivery
Division, Offsite
Teleworkers.
74,005.................... Pentair Residential Rockford, IL........ April 15, 2009.
Filtration, Leased Workers
from Furst Staffing.
74,054.................... Dell, Inc., Dell Services, Rome, GA............ May 5, 2009.
Insurance Solutions,
Formerly Technical Mgmt.,
Inc.
74,168.................... Gerber Plumbing Fixtures, Kokomo, IN.......... May 22, 2010.
LLC, Kokomo Sanitary Pottery
Division.
74,269.................... ADP TotalSource, iMedx, Inc.; Winter Springs, FL.. June 18, 2009.
formerly Medware, Inc.;
Reporting From Home Offices.
74,363.................... ACS Commercial Solutions, London, KY.......... July 1, 2009.
Inc., Affiliated Computer
Services, Xerox Co.,
Insurance East SBU, Pegasus
SBU.
74,387.................... Allstate Insurance Company, Northbrook, IL...... July 6, 2009.
Allstate Corporation,
Allstate Claims Technology
Services Department.
74,393.................... Henkel of America, Inc., Rocky Hill, CT...... July 15, 2009.
Finance Department, Henkel
AG and Co. KGAA, Leased
Workers Robert Half, etc.
74,529.................... Fisher-Price Inc., Mattel, East Aurora, NY..... August 6, 2009.
Inc., Information
Technology, Leased Workers
from Pro Unlimited.
74,541.................... Annex Manufacturing, LLC, Lyons, NY........... August 17, 2009.
Hannifin Corp., Leased
Workers from Kelly Temporary
Services.
74,591.................... ProTeam, Inc., Emerson Boise, ID........... August 25, 2009.
Electric, Leased Workers of
SOS Staffing and Labormax.
74,591A................... The United Electric Company, Burlington, NC...... August 25, 2009.
Proteam, Inc., Leased
Workers from Manpower.
74,609.................... Laserwords, U.S., Inc........ Madison, WI......... September 2, 2009.
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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
----------------------------------------------------------------------------------------------------------------
74,151.................. Dick Lucier Excavation.... Frenchtown, MT........... May 11, 2009.
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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.
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TA-W No. Subject firm Location Impact date
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74,498.................. Holcim (US), Inc., North Detroit, MI.............. July 8, 2009.
Region Terminal
Operations Division,
Detroit Terminal.
74,498A................. Holcim (US), Inc., North Elmira, MI............... July 8, 2009.
Region Terminal
Operations Division,
Elmira Terminal.
74,498B................. Holcim (US), Inc., North Grandville, MI........... July 8, 2009.
Region Terminal
Operations Division,
Grandville Terminal.
74,498C................. Holcim (US), Inc., North Cincinnati, OH........... July 8, 2009.
Region Terminal
Operations Division,
Cincinnati River Terminal.
74,498D................. Holcim (US), Inc., North Summit, IL............... July 8, 2009.
Region Terminal
Operations Division,
Chicago Summit Terminal.
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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.
[[Page 60145]]
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TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
73,938.................. Management Resources Southbury, CT............ ...............................
Group, Inc.
74,309.................. National Precast Shelby Township, MI...... ...............................
Structural, Inc., Precast
National, Inc.
74,311.................. National Precast, Inc..... Roseville, MI............ ...............................
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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.
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TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
73,868.................. Hewlett Packard Marlborough, MA.......... ...............................
Corporation.
74,052.................. Green Design Furniture Portland, ME............. ...............................
Company.
74,127.................. Dyrsmith, LLC, Berthoud, CO............. ...............................
Precisionworks
Manufacturing.
74,392.................. Beckman Coulter, Inc...... Webster, TX.............. ...............................
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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 No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
74,499.................. Holcim (US), Inc., North Elmira, MI............... ...............................
Regional Terminal
Operations Division,
Elmira Terminal.
74,500.................. Holcim (US), Inc., North Grandville, MI........... ...............................
Region Terminal
Operations Division,
Grandville Terminal.
74,501.................. Holcim (US), Inc., North Cincinnati, OH........... ...............................
Region Terminal
Operations Division,
Cincinnati River Terminal.
74,502.................. Holcim (US), Inc., North Summit, IL............... ...............................
Regional Terminal
Operations Division,
Chicago Summit Terminal.
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I hereby certify that the aforementioned determinations were issued
during the period of September 13, 2010 through September 17, 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 22, 2010
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-24384 Filed 9-28-10; 8:45 am]
BILLING CODE 4510-FN-P