Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

Federal RegisterJan 14, 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 December 27, 2010 through December 30, 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 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

74,737

Qantas Airways Limited, Air Pacific Account

Tucson, AZ

September 22, 2009.

74,850

StarTek USA, Inc

Greeley, CO

November 5, 2009.

74,939

DMI Furniture, Inc. Plant #5, Flexsteel Industries, Inc.; Domestic Commercial Office Furniture Operation

Huntingburg, IN

November 23, 2009.

74,985

Cooper Hosiery Mill, Inc

Fort Payne, AL

December 17, 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

74,396

Hartford Financial Services Group, Inc., Enterprise Information Technology; Leased Workers Cognizant and Beeline; etc

Farmington, CT

July 15, 2009.

74,396A

Hartford Financial Services Group, Inc., Enterprise Information Technology/EB&T/Billing and Audit Division

Hartford, CT

July 15, 2009.

74,396B

Hartford Financial Services Group, Inc., Enterprise Information Technology/EB&T/Billing and Audit Division

Hartford, CT

July 15, 2009.

74,396C

Hartford Financial Services Group, Inc., Enterprise Information Technology/EB&T/Billing and Audit Division

Simsbury, CT

July 15, 2009.

74,715

Kaiser Foundation Hospitals, KPIT Division

Oakland, CA

September 29, 2009.

74,834

Pentair Residential Filtration, Leased Workers of Adecco

Milwaukee, WI

November 2, 2009.

74,834A

Pentair Residential Filtration, Leased Workers of Adecco

Brookfield, WI

November 2, 2009.

74,862

R & D Maidment, Inc., World of Leisure Pool Table Company

Victorville, CA

November 9, 2009.

74,912

Thomson Reuters (Tax & Accounting), Inc., Professional Division, Business Compliance & Knowledge Solutions Unit

Rochester, NY

November 22, 2009.

74,969

Bosch Communications Systems, Bosch STNA Division; Leased Workers from Resources for You, etc

Glencoe, MN

December 24, 2010.

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

74,841

PSB Industries, Inc., Leased Workers from Career Concepts Staffing Services, etc

Erie, PA

November 3, 2009.

74,846

Mayflower Vehicle Systems, LLC, The Kings Mountain Plant; Leased Workers Personnel Services Limited; etc

Grover, NC

November 2, 2009.

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.

TA-W No.

Subject firm

Location

Impact date

73,961

Speidel

Cranston, RI

74,143

Providence Watch Hospital, Speidel, LLC

Cranston, RI

74,241

Allen Canning Company

Hessmer, LA

74,340

Bert Jensen & Sons, Inc

Racine, WI

74,374

TTM Technologies, Inc

Santa Ana, CA

74,456

Global Recruiters of Boulder

Boulder, CO

74,996

Manson Industries, Inc

Manson, IA

I hereby certify that the aforementioned determinations were issued during the period of December 27, 2010 through December 30, 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

tofoiarequest@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: January 5, 2011.

Elliott S. Kushner,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2011-740 Filed 1-13-11; 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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