[Federal Register Volume 75, Number 225 (Tuesday, November 23, 2010)]
[Notices]
[Pages 71459-71462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29426]
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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
November 8, 2010 through November 12, 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
[[Page 71460]]
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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73,353........................... Federal-Mogul Products, Smithville, TN..... January 13, 2009.
Inc., Federal-Mogul
Corporation, Leased
Workers from Kelly
Services.
73,900........................... First American Title Santa Ana, CA...... April 9, 2009.
Insurance Company,
Workers Wages Reported
Under National Default
Title Services; Leased
Workers.
73,900A.......................... First American Title Waterloo, IA....... April 9, 2009.
Insurance Company,
Workers Wages Reported
Under National Default
Title Services; Leased
Workers.
74,203........................... Titan Tire Corporation, Bryan, OH.......... May 20, 2009.
Division of Titan
International, Inc..
74,278........................... St. Joseph Industries, Battle Creek, MI... June 10, 2009.
Inc., Automotive
Department.
74,537........................... Polyair Corporation, Youngstown, OH..... August 13, 2009.
Leased from Callos
Companies and Snelling
Staffing.
74,573........................... Kok's Woodgoods, Inc., Zeeland, MI........ August 26, 2009.
Tenon Limited; Leased
Workers from Adecco.
74,648........................... Bosch Packaging New Richmond, WI... September 16, 2009.
Technology, Inc.
(PAUD), PA-PM Division;
Applied Engineering and
Corporate Services.
74,786........................... Alexvale Furniture Taylorsville, NC... September 6, 2010.
Company, Upholstery
Division; Kincaid
Furniture Company; La-z-
Boy Chair Company.
74,786A.......................... Leased Workers from Onin Taylorsville, NC... October 26, 2009.
Temporary Staffing
Solutions, On-Site at
Alexvale Furniture
Company; Upholstery
Division; etc..
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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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74,000........................... International Business Endicott, NY....... October 7, 2008.
Machines (IBM), Global
Business Services,
Global Supply,
Registration Database.
74,484........................... New York Wire Co., Walterboro, SC..... August 2, 2009.
Walterboro Fiberglass
Products, Leased
Workers from Staff Mark
& SC Voc. Rehab.
74,575........................... International Business Charleston, WV..... August 25, 2009.
Machines (IBM), Global
Sales Operations
Organization; One
Teleworker, etc.
74,575A.......................... International Business Dallas, TX......... August 25, 2009.
Machines (IBM), Global
Sales Operations
Organization; One
Teleworker, etc.
74,575B.......................... International Business Atlanta, GA........ August 25, 2009.
Machines (IBM), Global
Sales Operations
Organization; Two
Teleworkers, etc.
74,575C.......................... International Business Phoenix, AZ........ August 25, 2009.
Machines (IBM), Global
Sales Operations
Organization; One
Teleworker, etc.
74,647........................... Regent Group, Inc., Blue Ridge Summit, September 16, 2009.
Encore Marketing; PA.
Express Employment,
Blue Ridge.
74,671........................... Hewlett Packard, Global Houston, TX........ September 23, 2009.
Parts Supply Chain,
Teleworkers, etc.
74,673........................... Los Angeles Daily News San Bernardino, CA. September 22, 2009.
Publishing Company, Pre-
Press Department.
74,678........................... Primus International, Algona, WA......... September 27, 2009.
Inc., Aurburn Division;
Leased Workers from
Aerotek.
74,685........................... Coats American, Inc., Charlotte, NC...... September 28, 2009.
Leased Workers from
Allen & Assoc of
America.
74,768........................... Fortune Fashions Vernon, CA......... October 12, 2009.
Industries, LLC, Leased
Workers from Temp Depot.
74,793........................... Nicholson File Company, Cullman, AL........ October 27, 2009.
Apex Tool Group, LLC.
74,807........................... UView Ultraviolet Santa Ana, CA...... October 27, 2009.
Systems, Inc., Some
Wages Reported Under
Motorvac Technologies,
Inc.
74,815........................... Areva NP, Inc., Fuel Lynchburg, VA...... October 25, 2009.
Business, Newport News
Industry and System One
Services.
74,818........................... Tubular Metal Systems, Pinconning, MI..... October 25, 2009.
LLC, Global Automotive
Systems, LLC.
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[[Page 71461]]
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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73,480........................... Stant USA Corp., Connersville, IN... January 21, 2009.
Formerly Known as Stant
Manufacturing, Inc.
74,356........................... Industrial Technologies Missoula, MT....... July 2, 2009.
Corporation.
74,468........................... Cameron International, Buffalo, NY........ July 5, 2009.
Division of Process and
Compression Systems,
Leased Workers EGW
Personnel.
74,627........................... World Wide Technology, Greensboro, NC..... September 13, 2009.
Leased Workers from
Prologistics.
74,693........................... UFE, Inc., Leased El Paso, TX........ September 20, 2009.
Workers Job Connection
and DM Dickason.
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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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73,018........................... Smurfit-Stone Container Mansfield, OH...... ..............................
Corporation, Container
Division.
73,624........................... YRC, Inc., YRC Columbus, OH....... ..............................
Worldwide, Inc..
73,714........................... Interscope Middletown, OH..... ..............................
Manufacturing, Inc..
73,925........................... Bunge Milling, Inc., Danville, IL....... ..............................
Bunge North America,
Inc., Leased Workers
from Initial Security
and Eurofin.
74,689........................... Amdocs, Inc., Global New Haven, CT...... ..............................
Support Services,
Advertising and Media
AT&T Division.
74,692........................... Bank of America, Charlotte, NC...... ..............................
Centralized Sales
Payment Office.
74,721........................... Dillard's, Inc., Little Rock, AR.... ..............................
Information Technology
Division.
74,767........................... Wausau Daily Herald, Wausau, WI......... ..............................
Advertising Production
Division, Gannett Co.,
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 USC 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
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74,639............................ Intellectual Ventures Bellevue, WA......... ..............................
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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
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74,194............................ After Six............ Athens, GA........... ..............................
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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
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74,346.... Warner Brothers Burbank, CA...... .................
Entertainment Company.
74,791.... Butternut One Ltd., Beckley, WV...... .................
Cranberry Hardwoods,
Inc.
74,792.... Greenbrier Forest Smoot, WV........ .................
Products, Inc.,
Cranberry Hardwoods,
Inc.
74,805.... Cranberry Resources, Beckley, WV...... .................
LLC, Cranberry
Hardwoods, Inc.
74,806.... Cranberry Hardwoods, Beckley, WV...... .................
Inc.
74,826.... Cranberry Lumber Newport, OH...... .................
Company.
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[[Page 71462]]
I hereby certify that the aforementioned determinations were issued
during the period of November 8, 2010 through November 12, 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:[sol][sol]www.doleta.gov/tradeact under the searchable listing of
determinations.
Dated: November 16, 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-29426 Filed 11-22-10; 8:45 am]
BILLING CODE 4510-FN-P