Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

Federal RegisterMar 10, 2011

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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

February 14, 2011 through February 18, 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 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.

TA-W No.

Subject firm

Location

Impact date

74,339

Sitel Operating Corporation, Sitel Worldwide Corporation

Memphis, TN

July 1, 2009.

74,713

Chii, DBA Lifetime Coatings, Manpower

Quincy, IL

September 20, 2009.

74,974

TI Automotive, Leased Workers from Manpower, Aerotek, and Spherion

Chesterfield, MI

December 5, 2009.

75,048

Premier Technical Plastics, Leased Workers from Manpower

Minden, LA

December 23, 2009.

75,168

Hearth and Home Technologies, Inc

Colville, WA

January 28, 2010.

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

74,745

Continental Graphics Corporation, CDG Datagraphics; The Boeing Company; Leased Workers Excell and Harvey Nash

Bellevue, WA

October 15, 2009.

74,751

Eaton Corporation, Clutch Division

Auburn, IN

October 6, 2009.

74,812

Heraeus Noblelight de Puerto Rico, Inc

Cayey, PR

October 28, 2009.

74,813

Eastman Kodak Company (GCG), Electrographic Print Solutions; Leased Workers from Adecco and Datrose

Spencerport, NY

October 29, 2009.

74,901

Hawker Beechcraft Corporation, Hawker Beachcraft International SVC, Rapid Surplus Parts, etc

Wichita, KS

November 11, 2009.

75,006

EMD Serono Biotech Center, Inc., EMD Serono Research Institute, On Assignment Lab Support & Randstad

Billerica, MA

December 15, 2009.

75,017

Nokia, Inc., Nokia Group, ATC Logistics and Electronics

Fort Worth, TX

December 17, 2010.

75,039

Auto-trol Technology Corporation, Coretechs

Westminster, CO

December 21, 2009.

75,058

Electrolux Home Care Products, Inc., Electrolux Central Vacuum Systems; AB Electrolux

Webster City, IA

February 24, 2011.

75,058A

Manpower, Electrolux Home Care Products, Inc

Webster City, IA

December 24, 2009.

75,086

Callaway Golf Company, Operations Division, Volt Services Group

Carlsbad, CA

January 10, 2010.

75,094

Alstyle Apparel, Ennis, Inc

Anaheim, CA

January 12, 2010.

75,103

Sun Mountain Sports, Inc., Plastic Injection Molding Division; Leased Workers from Labor Ready

Missoula, MT

January 11, 2010.

75,110

Propex Operating Company, LLC, Leased Workers from The Pollard Agency and PFMI

Hazlehurst, GA

January 18, 2010.

75,111

Affiliated Computer Services, Inc., Human Capital Management Colustions Unit, Xerox Corp

Schaumburg, IL

January 18, 2010.

75,126

Blue Cross Blue Shield of North Carolina, Commercial and Government Operations Division; Leased Workers Manpower, etc

Durham, NC

December 20, 2009.

75,137

John Crane, Inc

Cranston, RI

January 24, 2010.

75,147

Elkay Manufacturing

Broadview, IL

January 28, 2010.

75,171

Dex One, West Division, Advantage XPO

Tucson, AZ

February 2, 2010.

75,171A

Dex One, West Division, Advantage XPO

Colorado Springs, Englewood, CO

February 2, 2010.

75,171B

Dex One, West Division, Advantage XPO

West Des Moines, IA

February 2, 2010.

75,171C

Dex One, West Division, Advantage XPO

Maple Grove, MN

February 2, 2010.

75,171D

Dex One, West Division, Advantage XPO

Albuquerque, NM

February 2, 2010.

75,171E

Dex One, West Division, Advantage XPO

Spokane, Tacoma and Vancouver, WA

February 2, 2010.

75,172

Dex One, East Division, Advantage XPO

Fort Myers, Maitland and Ocala, FL

February 2, 2010.

75,172A

Dex One, East Division, Advantage XPO

Arlington Heights, Chicago, Lombard, etc., IL

February 2, 2010.

75,172B

Dex One, East Division, Advantage XPO

Fayetteville and Morrisville, NC

February 2, 2010.

75,172C

Dex One, East Division, Advantage XPO

Las Vegas, NV

February 2, 2010.

75,172D

Dex One, East Division, Advantage XPO

Carlisle and Dunmore, PA

February 2, 2010.

75,172E

Dex One, East Division, Advantage XPO

Bristol, TN

February 2, 2010.

75,176

Lynx Medical Systems, Coding Services Div., Ingenix, Wages Previously Under FEIN 91-1263758

Bellevue, WA

February 3, 2010.

75,178

Simpson Door Company, Simpson Investment Company

McCleary, WA

December 20, 2010.

75,180

Contract Pharmaceuticals Limited Niagra (CPL Niagra), SPS Temporaries and Imagine Staffing

Buffalo, NY

February 4, 2010.

75,192

Core Industries, Inc., d/b/a Star Trac, Aerotek, Helpmates, Mattson & Empire Staffing

Irvine, CA

February 8, 2010.

75,244

Carrier Air Conditioning, United Technologies Corporation, Commercial Divisions

Tyler, TX

January 27, 2011.

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

74,865

Johnson Controls, Inc., Working On-Site at Hewlett Packard Company

Corvallis, OR

November 9, 2009.

75,033

Indianapolis Metal Center, General Motors, Wages Previously Under Fein 38-0572515, Aerotek etc

Indianapolis, IN

December 20, 2009.

75,227

Dana Structural Manufacturing LLC, Structures Division; Leased Workers from Manpower

Longview, TX

February 10, 2010.

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

75,053

C. Fassinger & Sons Mfg. Co., LLC

New Castle, PA.

75,107

Hewlett Packard Company, Global Business Intelligence Unit

Fort Collins, CO.

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

73,718

Medica

Minnetonka, MN.

74,254

National Carton & Coating Company, Leased Workers from CBS/Staffmark

Xenia, OH.

74,634

A. H. Schreiber Company, Inc.

Bristol, TN.

74,706

Busch Agricultural Resources, LLC, Anheuser-Busch, Inc.

Manitowoc, WI.

74,756

Fort McDowell Yavapai Materials, Plants 1, 3 and 20

Fort McDowell, AZ

September 27, 2009.

74,756A

Fort McDowell Yavapai Materials, Plants 4 and 70

Buckeye, AZ

September 27, 2009.

74,756B

Fort McDowell Yavapai Materials, Plant 40

Scottsdale, AZ

September 27, 2009.

74,756C

Fort McDowell Yavapai Materials, Plant 50

Glendale, AZ

September 27, 2009.

74,756D

Fort McDowell Yavapai Materials, Plant 60

Queen Creek, AZ

September 27, 2009.

74,772

HEITEC, Inc., Including Workers Wages that are Reported Under Hacker Engineering, Inc

Palm Desert, CA.

75,027

K.W.S., Inc.

Cheboygan, MI.

The investigation revealed that the criteria under paragraphs (b)(2) and (b)(3) (public agency acquisition of services from a foreign country) of section 222 have not been met.

TA-W No.

Subject firm

Location

Impact date

74,979

City of Walla Walla, Development Services Department

Walla Walla, WA.

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

74,853

Kurz-Kasch

South Boston, VA

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.

TA-W No.

Subject firm

Location

Impact date

74,438

Bruss North America, Inc.

Orion, MI.

74,978

Western Union, LLC, Operations Division

St. Charles, MO.

The following determinations terminating investigations were issued because the petitions are the subject of ongoing investigations under petitions filed earlier covering the same petitioners.

TA-W No.

Subject firm

Location

Impact date

75,187

Dex One

Morrisville, NC.

I hereby certify that the aforementioned determinations were issued during the period of

February 14, 2011 through February 18, 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 to

foiarequest@dol.gov.

These determinations also are available on the Department's Web site at

http://www.doleta.gov/tradeact

under the searchable listing of determinations.

Dated: March 2, 2011.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2011-5475 Filed 3-9-11; 8:45 am]

BILLING CODE 4510-FN-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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