[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70294-70297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28995]
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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 25, 2010 through October 29, 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
[[Page 70295]]
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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73,272................... Schott North America, Inc., Duryea, PA............ January 11, 2009.
Advanced Optics, Leased
Workers Adecco USA,
Manpower and ERG Staffing
Service.
73,574................... Kohler Company, Generator, Kohler, WI............ February 13, 2010.
Brass, Engine, and Pottery
Divisions; Leased Workers
Manpower.
73,574A.................. Sauk Technologies, Saukville, WI......... February 13, 2010.
Generator Division.
73,754................... Andersen Distribution, Birch Run, MI......... March 19, 2009.
Inc., Andersen Corp.,
Andersen Logistics, Leased
Workers Ameritemps,
Prologisticxs.
73,895................... Idaho Timber of Kansas, Halstead, KS.......... April 8, 2009.
LLC, Leucadia National
Corporation Including
Express Employment
Professionals.
74,111................... Alstom Transportation, Hornell, NY........... May 14, 2009.
Inc., Transport, 1 Shamut
Drive.
74,222................... Midwest Stamping, LLC, Sumter, SC............ June 1, 2009.
Subdivision of The Brown
Co. America, LLC, Leased
Workers from Roper
Staffing.
74,328................... Como Textile............... Paterson, NJ.......... June 23, 2009.
74,637................... Parker Hosiery Company, Inc Old Fort, NC.......... September 12, 2010.
74,690................... Mount Vernon Mills, Inc.... Mauldin, SC........... September 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
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73,523................... Vertis Communications, 34- Minneapolis, MN....... January 31, 2009.
Minneapolis Premedia.
73,797................... Outotec (USA), Inc......... Centennial, CO........ March 26, 2009.
73,804................... International Business San Ramon, CA......... March 24, 2009.
Machines (IBM), Database
Administrators, Working on
the AT&T Contract.
73,911................... Electronic Data Systems/HP Hartford, CT.......... April 14, 2009.
Enterprise Services,,
Working On-Site at Phoenix
Life and Annuity Company.
73,988................... International Business Armonk, NY............ March 1, 2009.
Machines (IBM), Integrated
Tech. Services, Info Mgt,
Off-Site Teleworkers.
74,240................... Baker Hughes Oilfield Broussard, LA......... June 8, 2009.
Operations, Leased Workers
from Kelly Services.
74,316................... International Business Lexington, KY......... June 10, 2009.
Machines (IBM), Global
Tech Serv., Server
Systems, IC1, Storage,
Backup.
74,316A.................. International Business Cambridge, MA......... June 10, 2009.
Machines (IBM), Global
Tech Serv., Server
Systems, IC1, Storage,
Backup.
74,316B.................. International Business Lansing and Midland, June 10, 2009.
Machines (IBM), Global MI.
Tech Serv., Server
Systems, IC1, Storage,
Backup.
74,316C.................. International Business Hazelwood, MO......... June 10, 2009.
Machines (IBM), Global
Tech Serv., Server
Systems, IC1, Storage,
Backup.
74,316D.................. International Business Piscataway, NJ........ June 10, 2009.
Machines (IBM), Global
Tech Serv., Server
Systems, IC1, Storage,
Backup.
74,316E.................. International Business Research Triangle June 10, 2009.
Machines (IBM), Global Park, NC.
Tech Serv., Server
Systems, IC1, Storage,
Backup.
74,316F.................. International Business Columbia, SC.......... June 10, 2009.
Machines (IBM), Global
Tech Serv., Server
Systems, IC1, Storage,
Backup.
74,507................... Hanesbrands, Inc., Weeks Winston-Salem, NC..... September 14, 2009.
Operations Div., Leased
Workers Security Forces,
Debbie Staffing, etc.
74,613................... Aastra USA, Inc., Aastra Billerica, MA......... September 3, 2009.
Technologeis Ltd., Leased
Workers from John Galt
Staffing.
74,644................... DORMA Door Controls, Inc., Reamstown, PA......... September 16, 2009.
Dorma Vertrieb
International GMBH.
74,663................... Stanley Black and Decker, Jackson, TN........... September 24, 2009.
Formerly Stanley Bostich,
CDIY Division.
74,686................... Diebold Software Solutions, Raleigh, NC........... September 24, 2009.
A Division of Diebold,
Inc., Leased Workers from
Technisource, Inc.
74,712................... Xerox Corporation, Human Lewisville, TX........ October 13, 2009.
Resource Services Center,
On-Site Leased Workers
from Manpower, etc.
[[Page 70296]]
74,717................... Borders, Inc., Customer LaVergne, TN.......... October 6, 2009.
Contact Center.
74,726................... Weldco-Beales Manufacturing Tacoma, WA............ October 12, 2009.
74,740................... Bekaert Corporation, Vista, CA............. October 14, 2009.
Bekaert Progressive
Composites, Leased Wkrs
Select Staffing and Caltek.
74,743................... Sensata Technologies, Inc., Attleboro, MA......... October 15, 2009.
Accounts Payable, Accounts
Receivable, Leased Workers
Olsten Staffing Services.
73,622................... Kilburn's Plating Company, Adamsville, TN........ February 25, 2009.
Inc., Leased Workers from
Business Personnel
Solutions.
74,111A.................. Alstom Transportation, Hornell, NY........... May 14, 2009.
Inc., Transport, 1 Transit
Drive.
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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.
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
----------------------------------------------------------------------------------------------------------------
74,245...................... Omya, Inc..................... Cincinnati, OH.......... ........................
74,364...................... International Business Centerport, NY.......... ........................
Machines (IBM), Sales and
Distribution Unit, Global
Sales, Off-Site Teleworker.
74,554...................... International Business San Francisco, CA....... ........................
Machines (IBM), Software
Group Business Unit, Optim
Data Studio.
74,758...................... IMI Cornelius, Inc., Beverage Mason City, IA.......... ........................
Dispense.
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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
----------------------------------------------------------------------------------------------------------------
74,152...................... NSC Smelter, LLC, D/B/ Goldendale, WA.......... ........................
AColumbia Gorge Aluminum,
Golden Northwest Aluminum
Holding Co.
74,152A..................... Northwest Aluminum Company, The Dalles, OR.......... ........................
Golden Northwest Aluminum
Holding Co.
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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
----------------------------------------------------------------------------------------------------------------
73,752..................... Industrial Metal Products Lansing, MI.............. ........................
Corporation.
73,876..................... Lorik Tool, Inc............... Lawrenceburg, TN......... ........................
74,120..................... Graphics Microsystems, Inc.... Rockwall, TX............. ........................
74,590..................... Quad/Graphics, Corinth Corinth, MS.............. ........................
Division, Leased Workers of
Wise Staffing Services.
74,660..................... Mid-Continent Distributors, Springfield, MO.......... ........................
Inc., Glazer's Wholesale Drug
Company, 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
----------------------------------------------------------------------------------------------------------------
74,047...................... Stever-Locke Industries....... Honeoye Falls, NY....... ........................
74,655...................... Temp Depot, Leased Worker for Vernon, CA.............. ........................
Fortune Fashion.
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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.
[[Page 70297]]
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TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
73,902...................... Premier Manufacturing Support Lake Orion, MI.......... ........................
Services, Working On-Site at
General Motors.
74,667...................... International Business Boulder, CO............. ........................
Machines Corporation (IBM),
Global Technology Services
Delivery Division; Off-Site
Teleworkers.
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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
----------------------------------------------------------------------------------------------------------------
74,508...................... Hanesbrands, Inc., Oak Summit Winston-Salem, NC....... ........................
Complex, Weeks Operations
Division.
74,512...................... Masco Retail Cabinet Group, Seal Township, OH....... ........................
LLC, Value Products Group
Division.
74,513...................... Masco Retail Cabinet Group, Seaman, OH.............. ........................
LLC, Value Products Group
Division.
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I hereby certify that the aforementioned determinations were issued
during the period of October 25, 2010 through October 29, 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: November 5, 2010.
Michael W. Jaffe,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-28995 Filed 11-16-10; 8:45 am]
BILLING CODE 4510-FN-P