[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Notices]
[Pages 75699-75702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30464]
=======================================================================
-----------------------------------------------------------------------
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 15, 2010 through November 19, 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
[[Page 75700]]
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.
----------------------------------------------------------------------------------------------------------------
TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
73,462.................... Fantasy Activewear, Inc... Vernon, CA........... February 4, 2009.
74,572.................... Metal Powder Products..... St. Marys, PA........ August 26, 2009.
74,824.................... Electrolux International Pittsburgh, PA....... October 29, 2009.
Company.
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
73,696.................... Deloitte Financial Houston, TX.......... May 27, 2008.
Advisory Services LLP,
Deloitte and Touche.
73,928.................... Meyer Stamping & Fort Wayne, IN....... April 5, 2009.
Manufacturing, Inc.,
Duffy Tool & Stamping,
Brittany Stamping, Leased
Wkrs Staffmark.
74,129.................... Vertafore, Leased Workers College Station, TX.. May 19, 2009.
from Kelly Services.
74,286.................... Pearson Education, Glenview, IL......... June 8, 2009.
Curriculum Group
Division; Pearson, Inc.;
Leased Workers from
Corestaff.
74,675.................... International Business Hartford, CT......... August 27, 2009.
Machines (IBM), The
Hartford Insurance
Company.
74,675A................... International Business Simsbury, CT......... August 27, 2009.
Machines (IBM), The
Hartford Insurance
Company.
74,711.................... Silicon Valley Community San Jose, CA......... September 14, 2009.
Newspapers, Community
Newspapers, LLC;
Production.
74,728.................... Dresser Incorporated, Flow Avon, MA............. October 8, 2009.
Technologies Division.
74,761.................... Miller Curtain Company, San Antonio, TX...... October 14, 2009.
Inc..
74,770.................... Journal Register Company, Pontiac, MI.......... October 20, 2009.
Oakland Press Division;
Leased Wkrs from Express
Employment Professionals.
74,770A................... Journal Register Company, Mt. Pleasant, MI..... October 20, 2009.
Morning Star Division;
Leased Workers from
Express Employment
Professionals.
74,782.................... American Bankers Insurance Miami, FL............ October 25, 2009.
Co., dba Assurant
Specialty Property,
Leased Wkrs from
Teksystems, Kforce, etc.
74,799.................... Brake Parts, Inc., a Litchfield, IL....... November 19, 2010.
Division of Affinia
Group, Inc.
74,814.................... Elopak, Inc., Elopak A.S., New Hudson, MI....... October 18, 2009.
Leased workers Lab
Support, Venator, Lunch
Specialist.
74,829.................... Chamberlain Access Tucson, AZ........... October 28, 2009.
Solutions, Chamberlain
Group, Inc.; Adecco
Technical, Aerotek, etc.
74,830.................... Eaton Corporation, Clayton, NC.......... November 2, 2009.
Industrial Controls
Division; Leased Workers
from Manpower
Professional.
74,855.................... Electrolux Homecare Bloomington, IL...... November 8, 2009.
Products, Inc., Leased
Wkrs from Spherion
Recruiting and Staffing
Excellence.
74,858.................... Benchmark Electronics, Nashua, NH........... November 8, 2009.
Leased Workers from Davis
Companies.
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
73,705.................... Lap Tech Industries....... Dayton, OH........... March 12, 2009.
[[Page 75701]]
73,976.................... Worthington Specialty Canton, MI........... April 18, 2009.
Processing, A Joint
Venture of Worthington
Industries, Inc. and US
Steel Corporation.
73,999.................... Webb Furniture Galax, VA............ April 23, 2010.
Enterprises, Inc., Leased
Workers from Manpower.
74,525.................... Emerson Transportation Bridgeton, MO........ August 10, 2009.
Division, A Division of
Emerson Electric.
74,538.................... Chris Stone, Inc.......... Vernon, CA........... August 12, 2009.
74,811.................... Media Mail Packaging and Algood, TN........... November 1, 2009.
Fulfillment Services, Inc.
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
74,380....................... Wistron InfoComm (Texas) Grapevine, TX. ........................
Corporation, Workers
Operating from Home Offices
Throughout the United
States, etc.
74,795....................... Nevamar Company, LLC, Panolam Tarboro, NC. ........................
Industries International,
Inc.
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
73,747....................... Synergy Solutions of Maine, Fort Kent, ME. ........................
LLC.
74,366....................... Ryder Truck Rental, Inc., Auburn Hills, MI. ........................
Fleet Management Solutions
Division.
74,668....................... Communication Cable Company.. Malvern, PA. ........................
74,779....................... Exel-Owens Corning, Chem/ Heath, OH. ........................
Industrial.
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
73,451....................... Harley Davidson Motor Company Milwaukee, WI. ........................
74,597....................... International Game Technology Corvallis, OR. ........................
74,683....................... Los Angeles Daily News San Bernardino, CA ........................
Publishing Company, Pre-
Press Department.
74,722....................... Allied Marketing Group....... Dallas, TX. ........................
74,739....................... Chapman Data Services, Inc... Dallas, TX. ........................
74,873....................... HAVI Logistics North America. Lisle, IL. ........................
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
74,583....................... David R. Webb Company........ Williamsport, PA. ........................
74,822....................... Bank of America.............. Los Angeles, CA. ........................
----------------------------------------------------------------------------------------------------------------
The following determinations terminating investigations were issued
because the Department issued a negative determination on petitions
related to the relevant investigation period applicable to the same
worker group. The duplicative petitions did not present new information
or a change in circumstances that would result in a
[[Page 75702]]
reversal of the Department's previous negative determination, and
therefore, further investigation would duplicate efforts and serve no
purpose.
----------------------------------------------------------------------------------------------------------------
TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
74,697....................... Bank of America, Card State College, PA. ........................
Customer Assistance Division.
----------------------------------------------------------------------------------------------------------------
I hereby certify that the aforementioned determinations were issued
during the period of November 15, 2010 through November 19, 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 23, 2010.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2010-30464 Filed 12-3-10; 8:45 am]
BILLING CODE 4510-FN-P