# 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%3A2012-18415 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** July 30, 2012 - **Citation:** 77 FR 44679 ## 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 July 9, 2012 through July 13, 2012. 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 81,566 European Touch, E Touch Holding Company, Argus Technical Milwaukee, WI May 1, 2011. 81,628 MX Solar USA LLC Somerset, NJ May 17, 2011. 81,685 Gardner Denver, Thomas Products Division Sheboygan, WI September 24, 2011. 81,688 OSRAM Sylvania, Inc., Consumer Lighting Division, Superior Technical Resources St. Marys, PA October 2, 2011. 81,688A W&W and Sons Contractors, Inc., OSRAM Sylvania, General Lighting, fka Consumer Lighting Division St. Marys, PA June 5, 2011. 81,763 Intelicoat Technologies Image Products S. Hadley, LLC South Hadley, MA June 27, 2011. 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 81,520 T-Mobile USA, Inc., Call Center Allentown, PA April 17, 2011. 81,520A T-Mobile USA, Inc., Call Center Fort Lauderdale, FL April 17, 2011. 81,520B T-Mobile USA, Inc., Call Center Frisco, TX April 17, 2011. 81,520C T-Mobile USA, Inc., Call Center Brownsville, TX April 17, 2011. 81,520D T-Mobile USA, Inc., Call Center Lenexa, KS April 17, 2011. 81,520E T-Mobile USA, Inc., Call Center Thornton, CO April 17, 2011. 81,520F T-Mobile USA, Inc., Call Center Redmond, OR April 17, 2011. 81,647 Sealed Air Corporation, Premier Recruitment Group Rochester, NY May 18, 2011. 81,681 Diebold Incorporated, Information Technology and Finanical Shared Services North Canton, OH April 2, 2012. 81,686 Brookfield Global Relocation Services, Client Accounting Division, Accountemps and Quad Fort Washington, PA June 5, 2011. 81,730 Market Track, LLC, Market Track Holdings, LLC, Data Entry Group Chicago, IL June 15, 2011. 81,733 Air System Components, Inc., Tomkins Industries, DmDickanson Personnel El Paso, TX October 24, 2011. 81,733A RM Personnel and Select Services, Tomkins Industries, Working on Site at Air System Components El Paso, TX June 13, 2011. 81,734 Ericsson, Inc., Network Operations Center, Convergenz, LLC and APEX Systems, Inc Albuquerque, NM June 20, 2011. 81,743 Emerson Power Transmission, Emerson Electric Co. Ithaca, NY May 14, 2012. 81,745 North Sails Nevada, LLC, 2379 Heybourne Road and 2549 Business Parkway, Aerotek, etc. Minden, NV June 22, 2011. 81,746 Lattice Semiconductor Corporation, Legal Compliance Department Hillsboro, OR June 22, 2011. 81,746A Lattice Semiconductor Corporation, Consumer Design Function San Jose, CA June 22, 2011. 81,746B Lattice Semiconductor Corporation, Research and Development Function Hillsboro, OR April 13, 2012. 81,746C Lattice Semiconductor Corporation, Sales-Customer Service Function Hillsboro, OR June 22, 2011. 81,757 Pro-Dex Astromec, Inc., Pro-Dex, Inc., Westaff Carson City Carson City, NV June 25, 2011. 81,760 EPIC Technologies, LLC Norwalk, OH December 23, 2011. 81,766 Sensata Technologies, Inc., Power Controls Business Cambridge, MD May 26, 2012. 81,766A Experis Manpower Group, Sensata Techologies, Power Controls Business Cambridge, MD June 29, 2011. 81,769 Federal-Mogul Corporation, Vehicle Safey and Protection Division, Kelly Services and AES Staffing Winchester, VA June 29, 2011. 81,770 Hartford Financial Services Group, Inc., Operations/Consumer/NQ Manuel Rating Division Southington, CT June 29, 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 81,661 Oryx Advanced Materials, Benchmark Specialized Production Staffing Fremont, CA April 25, 2011. 81,713 Siemens Baltimore Facility, Customer Services Division, Metallurgical Services, Mark F. Winstead Sparrows Point, MD June 12, 2011. The following certifications have been issued. The requirements of Section 222(c) (downstream producer for 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 81,693 Schlei Dray Line, Inc Manitowoc, WI May 29, 2011. 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. TA-W No. Subject firm Location Impact date 81,640 Kaiser Aluminum, Kaiser Aluminum Corporation Los Angeles, CA May 19, 2010. 81,642 C.R. Laurence Company, Inc Los Angeles, CA May 19, 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 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 81,720 Federal-Mogul Corporation, Global Aftermarket Division, Home-Based Workers Reporting to this Location Southfield, MI 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 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 81,781 CDI Engineering Corporation Virginia Beach, VA. I hereby certify that the aforementioned determinations were issued during the period of July 9, 2012 through July 13, 2012. These determinations are available on the Department's Web site tradeact/taa/taa search form.cfm under the searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll free at 888-365-6822. Dated: July 18, 2012. Elliott S. Kushner, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2012-18415 Filed 7-27-12; 8:45 am] BILLING CODE 4510-FN-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2012-18415. Public record. Not legal advice.