# Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2011-5475 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** March 10, 2011 - **Citation:** 76 FR 13228 ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2011-5475. Public record. Not legal advice.