[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Pages 7585-7588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2964]
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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
January 24, 2011 through January 28, 2011.
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
[[Page 7586]]
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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74,169.................. Teco-Westinghouse Motor Round Rock, TX......... May 27, 2009.
Company, Teco Holdings USA,
Inc.; Leased Workers from
HT Staffing, Manpower, etc.
74,174.................. Wiza Industries, Inc........ Muskego, WI............ June 1, 2009.
74,324.................. Kinetic Enterprise, DBA Mebane, NC............. June 22, 2009.
Triem Electric Motors.
74,571.................. Alpine Custom Shutters, Inc. Englewood, CO.......... August 18, 2009.
74,659.................. Clear Pine Mouldings, Inc., Prineville, OR......... March 1, 2010.
Contact Holding Company.
74,659A................. Leased Workers from Mid Prineville, OR......... September 21, 2009.
Oregon Personnel Service,
Working On-Site at Clear
Pine Mouldings, Inc.
74,719.................. Forrest City Machine Works, Forrest City, AR....... October 12, 2009.
Inc.
74,869.................. Chestnut Ridge Group, LLLP, Latrobe, PA............ November 4, 2009.
I.C. Supermarkets, Inc.;
Leased Workers The Callos
Companies and Account Temps.
74,959.................. Herskovits Corporation, DBA Fall River, MA......... November 23, 2009.
Elram Corporation.
75,079.................. Thomasville Furniture Appomattox, VA......... January 14, 2011.
Industries, Inc., Furniture
Brands International,
Leased Workers from
Manpower, Inc.
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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.
[[Page 7587]]
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TA-W No. Subject firm Location Impact date
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74,658.......................... Broadview Networks..... Quincy, MA........ September 21, 2009.
74,798.......................... Hewlett Packard Farmington Hills, October 8, 2009.
Company, Technology MI.
Support Group;
Including Virtual
Workers Reporting to
this Location.
74,871.......................... International Business Oklahoma City, OK. November 12, 2009.
Machines (IBM), Global
Technology Services
Delivery Division;
Production Control,
etc.
74,903.......................... Time Insurance Company Miami, FL......... November 18, 2009.
(Assurant Health), IT;
Leased Workers from
Capgemeni.
74,975.......................... Digital River Education Austin and Dallas, December 7, 2009.
Services, Inc., TX.
Digital River, Inc.;
Leased Workers of
Serenity Staffing,
Accountemps, etc.
74,992.......................... SuperMedia, LLC, D/FW Airport, TX.. December 13, 2009.
Quality Assurance
Software Testing
Division; Leased
Workers Advantage, etc.
75,016.......................... Faurecia, Emissions Dexter, MO........ February 6, 2011.
Control Technologies
Division.
75,057.......................... Allstate Insurance Irving, TX........ December 29, 2009.
Company, Technology
and Operations
Infrastructure
Services; Leased
Workers UST; etc.
75,073.......................... Thomson Reuters, Philadelphia, PA.. January 6, 2010.
Healthcare and Science
Division; Leased
Workers from Adecco.
75,087.......................... International Business Glendale, San December 22, 2009.
Machines (IBM), Jose, and San
Integrated Technology, Ramon, CA.
Storage Management,
Teleworkers.
75,087A......................... International Business Smyrna, GA........ December 22, 2009.
Machines (IBM),
Integrated Technology,
Storage Management,
Teleworkers.
75,087B......................... International Business Des Moines, IA.... December 22, 2009.
Machines (IBM),
Integrated Technology,
Storage Management,
Teleworkers.
75,087C......................... International Business Bethesda, MD...... December 22, 2009.
Machines (IBM),
Integrated Technology,
Storage Management,
Teleworkers.
75,087D......................... International Business Charlotte, NC..... December 22, 2009.
Machines (IBM),
Integrated Technology,
Storage Management,
Teleworkers.
75,089.......................... Startek USA, Inc....... Alexandria, LA.... January 10, 2010.
75,117.......................... Acuity Brands Lighting, Austin, TX........ January 18, 2010.
Inc., Acuity Brands,
Inc.; Leased Workers
Express Employment
Professionals, etc.
75,124.......................... Imation Corporation, Weatherford, OK... January 19, 2010.
Leased Workers of
Express Employment
Professionals.
75,132.......................... NIOXIN Research Lithia Springs, GA December 31, 2009.
Laboratories, Inc.,
Proctor & Gamble;
Leased Workers
Selectsource Staffing,
etc.
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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
----------------------------------------------------------------------------------------------------------------
74,260.......................... XPEDX, International Livonia, MI....... May 26, 2009.
Paper Company; Leased
Workers from Manpower.
75,013.......................... Cable Consultants, Corvallis, OR..... November 12, 2009.
Inc., d/b/a Black Box
Network Services, On
Site At Hewlett
Packard, Tek Systems.
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The following certifications have been issued. The requirements of
section 222(f) (firms identified by the International Trade Commission)
of the Trade Act have been met.
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TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
74,666.......................... Goodyear, Wingfoot Portland, OR...... June 25, 2008.
Commercial Tire.
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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
----------------------------------------------------------------------------------------------------------------
74,956.................. Riverside Furniture Company, Rogers, AR............. ...............................
Retail Store Division.
74,956A................. Riverside Furniture Company, North Little Rock, AR.. ...............................
Retail Store Division.
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[[Page 7588]]
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
----------------------------------------------------------------------------------------------------------------
74,653.................. Unicare, WellPoint, Inc..... Plano, TX.............. ...............................
74,733.................. Xpedite Systems, LLC, Deerfield Beach, FL.... ...............................
Easylink Services
International Corporation.
74,870.................. International Business Plano, TX.............. ...............................
Machines (IBM), Global
Technology Services, SSO
Band Support Capital One.
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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 website, 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
----------------------------------------------------------------------------------------------------------------
75,046.................. Macsteel Service Centers USA Liverpool, NY.......... ...............................
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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
----------------------------------------------------------------------------------------------------------------
75,098.................. IBM......................... Research Triangle Park, ...............................
NC.
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I hereby certify that the aforementioned determinations were issued
during the period of January 24, 2011 through January 28, 2011. 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: February 2, 2011.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-2964 Filed 2-9-11; 8:45 am]
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