[Federal Register Volume 75, Number 199 (Friday, October 15, 2010)]
[Notices]
[Pages 63509-63512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26014]
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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 27, 2010 through October 1, 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;
[[Page 63510]]
(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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73,874..................... The Wise Company, Inc. (B&M Memphis, TN.......... April 6, 2009.
Seating).
73,877..................... L.A. Najarian, Inc......... Greene, NY........... March 29, 2009.
74,020..................... The Electric Materials North East, PA....... April 12, 2009.
Company, Subsidiary of
United Stars.
74,349..................... Belding Hausman, Inc., Emporia, VA.......... June 28, 2009.
Weldon Mill, Leased
Workers from Compensation
Management.
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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
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73,621..................... Thermo Fisher Hamilton, Two Rivers, WI....... March 2, 2009.
Subsidiary of Thermo
Fisher Scientific, Lab
Works Stations Division.
[[Page 63511]]
74,272..................... Medtronic, Inc., Cardiac Mounds View, MN...... June 21, 2009.
Rhythm Disease Management,
Leased Workers of
Advantage Technical, etc.
74,337..................... Certegy Check Services, West Valley City, UT. June 30, 2009.
Inc., Fidelity National
Payment Services, Leased
Workers from Appleone.
74,385..................... Mermec, Inc., FKA ImageMap, Columbia, SC......... July 13, 2009.
Inc., Leased Worker from
Modis, Inc.
74,464..................... BreconRidge Manufacturing Ogdensburg, NY....... July 29, 2009.
Solutions, Sanmina-SCI
Corporation, Leased
Workers from Kelly
Services and Penski.
74,467..................... Zach System Corporation, La Porte, TX......... August 3, 2009.
Zach System SPA, Leased
Workers of Turner
Industries and Go.
74,491..................... Acme Electric, Actuant Lumberton, NC........ August 15, 2010.
Corporation, Leased
Workers From Mega Force
Staffing.
74,504..................... American Girl Brands, LLC, Middleton, WI........ August 6, 2009.
Subsidiary of Mattel, Inc.
74,517..................... Hotels.Com, An Expedia, Arlington, TX........ July 31, 2009.
Inc. Company, Latam.
74,556..................... Telair International, Simi Valley, CA...... July 20, 2009.
Incorporated, Nordisk
Aviation Products Division.
74,567..................... Janssen R&D and Janssen Springhouse, PA...... August 24, 2009.
Pharmaceutical Supply
Group, Divisions of J&J.
74,580..................... Fiskars Brands, Inc., Sauk City, WI........ August 31, 2009.
Garden Division, On-Site
Leased Workers of QTI.
74,580A.................... Fiskars Brands, Inc., Wausau, WI........... August 31, 2009.
School, Office and Craft
Division, On-Site Leased
Workers of Manpower.
74,585..................... Georgia-Pacific Wood Grenada, MS.......... August 26, 2009.
Products LLC.
74,606..................... Watson Laboratories, Inc., Carmel, NY........... September 3, 2009.
Watson Pharmaceuticals,
Danbury Pharmacal, Leased
Workers Adecco Staffing.
74,621..................... Burgess-Norton Claremore, OK........ September 10, 2009.
Manufacturing Company,
Inc., Leased Workers from
Selectremedy and Manpower.
74,657..................... STMicroelectronics, Inc.... Phoenix, AZ.......... October 31, 2010.
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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
----------------------------------------------------------------------------------------------------------------
72,947..................... Supreme Foam, Inc.......... Archdale, NC......... November 17, 2008.
74,425..................... Douglas Corporation, Leased Eden Prairie, MN..... July 22, 2009.
Workers Masterson
Personnel, Just in Case,
etc.
74,471..................... Alumax Service Center, Riverside, MO........ July 15, 2009.
Division of SAPA
Extrusions, Leased Workers
of Manpower Temporary.
74,592..................... Interstate Electronics Anaheim, CA.......... August 31, 2009.
Corp., L-3 Communications,
Leased Workers of Bently
Global Resources, etc.
74,600..................... Lear Corporation........... Louisville, KY....... September 3, 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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74,569..................... Titus Transportation, LP... Denton, TX........... August 24, 2009
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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 No. Subject firm Location Impact date
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73,846..................... AT&T Operations, Inc., Boulder, CO..........
Network Management Center.
74,191..................... Pennsylvania Railcar--Plant West Middlesex, PA...
2, dba Railcar
Services Company.
74,506..................... Acxiom CDC Corporation..... Chicago, IL..........
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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.
[[Page 63512]]
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TA-W No. Subject firm Location Impact date
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74,564..................... Ally Financial Darlington, SC.......
Incorporated, Motor
Acceptance Corp. (GMAC),
Auctioneering Unit,
Darlington Auto Auction.
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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
----------------------------------------------------------------------------------------------------------------
72,765..................... Mount Vernon Consulting, Baltimore, MD........
LLC, Workers' Wages Were
Reported Under 14 W.
Administrative Services,
Agora, Inc.
73,395..................... Roddie Trucking, LLC, SWR, San Angelo, TX.......
Inc..
73,972..................... Saint Barnabas Health Care Ocean Port, NJ.......
System, Patient Accounting
Dept., Leased Workers,
Liberty and Tritech.
74,040..................... Cemex Construction Wampum, PA...........
Materials Atlantic, LLC,
Wampum Cement Plant.
74,136..................... Parker Paint Company....... Beaverton, OR........
74,320..................... United Steelworkers Local Tyler, TX............
746L.
74,528..................... United Auto Workers Local Shreveport, LA.......
2166, UAW.
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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
----------------------------------------------------------------------------------------------------------------
74,248..................... EDS, an HP Company (Re- Palo Alto, CA........
Branded as HP--Enterprise
Services), Virtual Workers
Across the United States.
74,343..................... JohnsonDiversey............ Santa Cruz, CA.......
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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
----------------------------------------------------------------------------------------------------------------
74,603..................... Thermo EGS Gauging, Inc., Wilmington, MA.......
Field Service Engineers.
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I hereby certify that the aforementioned determinations were issued
during the period of September 27, 2010 through October 1, 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: October 8, 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-26014 Filed 10-14-10; 8:45 am]
BILLING CODE 4510-FN-P