[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Notices]
[Pages 65518-65521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26768]
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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
October 4, 2010 through October 8, 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
[[Page 65519]]
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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73,568.................. Scioto Plastics, LLC........ Franklin Furnace, OH... February 24, 2009.
73,851.................. Mueller Steam Specialty, St. Pauls, NC.......... April 5, 2009.
Leased Workers from
Staffing Alliance, Two Hawk
Employment Agency.
74,091.................. Moore Flame Cutting Co...... Sterling Heights, MI... April 30, 2009.
74,145.................. Briggs and Stratton Corp., Murray, KY............. May 22, 2009.
EPPG Div., Adecco.
74,181.................. Cold Spring Granite Company, Cold Spring, MN........ June 2, 2009.
Granite Fabrication
Division.
74,238.................. Sitel Operating Corporation, Winfield, AL........... June 2, 2009.
Sitel Worldwide Corporation.
74,285.................. Invensys Rail Corp., Rancho Cucamonga, CA... June 17, 2009.
Safetran Systems
Corporation, Ultimate
Staffing.
74,542.................. Reiman Media Group, LLC, Greendale, WI.......... August 18, 2009.
Premedia Department.
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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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73,548........................... R.G. Barry Corporation, Pickerington, OH... February 12, 2009.
Corporate Headquarters,
Creative Group,
Accounts, etc.
[[Page 65520]]
73,814........................... Triumph Aerostructures, Grand Prairie, TX.. March 26, 2009.
LLC, Vought Aircraft,
Vought Commercial,
Johnson, etc.
74,150........................... VMware, IT Applications Palo Alto, CA...... May 24, 2009.
Group, Subsidiary of
EMC.
74,150A.......................... VMware, Global Support Palo Alto, CA...... May 24, 2009.
Services Team,
Subsidiary of EMC.
74,325........................... ExxonMobil Chemical Macedon, NY........ June 25, 2009.
Company, Films Business
Div., Manpower.
74,359........................... SuperMedia, LLC, Idearc Everett, WA........ July 1, 2009.
Media, Publishing
Operation, TCS, ASEC,
OKS.
74,379........................... Phoenix Technology Phoenix, AZ........ July 12, 2009.
Center, Mattel, Inc.,
Leased Workers of
Paradigm.
74,418........................... Husqvarna Outdoor Texarkana, TX...... June 30, 2009.
Products, Inc.
74,426........................... International Business Rochester, MN...... July 22, 2009.
Machines (IBM),
Division 7T, Enterprise
Systems Development.
74,427........................... Mattel, Inc., El Segundo, CA..... July 20, 2009.
Infrastructure
Services, Pro
Unlimited, Inc.
74,514........................... AstenJohnson, Inc., Clinton, SC........ August 3, 2009.
Leased Workers from SPB
and Associates.
74,539........................... Harris Corporation, Chesapeake, VA..... August 18, 2009.
Broadcast
Communications Division.
74,547........................... HAVI Logistics, North Davis, CA.......... August 11, 2009.
America, Havi Group,
LP, Leased Workers from
Office Team.
74,558........................... United Solar Ovonic..... Auburn Hills, MI... August 23, 2009.
74,559........................... Solo Cup Operating Springfield, MO.... August 24, 2009.
Corporation, Solo Cup
Company, Pennmac
Staffing.
74,593........................... Whirlpool Corporation, Fort Smith, AR..... October 2, 2010.
Career Solutions, TEC
Staffing.
74,611........................... Schneider Electric USA, Knightdale, NC..... August 27, 2009.
Volt Workforce
Solutions.
74,612........................... Covidien, Accounts Mansfield, MA...... September 8, 2009.
Payable Department,
Kelly Services.
74,620........................... AMB Property, L.P., Boston, MA......... September 10, 2009.
Property Accounting
Group.
74,628........................... Di-Pro, Inc., Bendix- Fresno, CA......... September 9, 2009.
Spicer/Knorr-Bremse,
Select.
74,642........................... Covidien, Tyco Watertown, NY...... September 17, 2010.
Healthcare Group LP,
Medical Supplies, Kelly
Serv.
74,665........................... Aegon USA, dba Chattanooga, TN.... September 20, 2009.
Transamerica Life
Insurance Company.
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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
----------------------------------------------------------------------------------------------------------------
74,436.................. Faurecia Automotive Seating, Troy, MI............... July 6, 2009.
Troy Technical Center,
Reliance One, Trialon, EHD,
etc.
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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
----------------------------------------------------------------------------------------------------------------
73,913.................. VersaLogic Corporation, Eugene, OR............. April 12, 2009.
Leased Workers from Barrett
Business Services and
Adecco.
74,305.................. Hanesbrands, Inc., Annapolis Winston-Salem, NC...... June 18, 2009.
Drive Facility.
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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
----------------------------------------------------------------------------------------------------------------
73,773.................. V and S Detroit Galvanizing, Redford, MI
LLC, Voigt and Schweitzer,
LLC
74,623.................. Frost Controls, Inc......... Smithfield, RI
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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.
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TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
74,551.................. Vaughan Furniture Company... Galax, VA
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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.
[[Page 65521]]
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TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
72,493.................. Ananke, Inc................. Providence, RI
74,291.................. South Central Workforce West Plains, MO
Investment Board, Ozark
Action, Inc.
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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
----------------------------------------------------------------------------------------------------------------
74,544.................. 3M IMTEC.................... Ardmore, OK
74,616.................. Orbotech, Inc., A workers Redmond, WA
working on-site at TTM
Technologies.
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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.
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TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
74,488.................. Computer Sciences Newark, DE
Corporation (CSC).
74,496.................. Hallmark Cards, Inc......... Kansas City, MO
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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
----------------------------------------------------------------------------------------------------------------
74,103.................. WellPoint, Inc., Doing Denver, CO
business as Blue Cross/Blue
Shield.
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I hereby certify that the aforementioned determinations were issued
during the period of October 4, 2010 through October 8, 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 15, 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-26768 Filed 10-22-10; 8:45 am]
BILLING CODE 4510-FN-P