# 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%3A2012-24557 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** October 5, 2012 - **Citation:** 77 FR 61029 ## 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 September 17, 2012 through September 21, 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 81,511 Pemco World Air Services, Inc., Was Aviation Services, APA Services, Arnaldo Chavarria, Job Air Group, etc Dothan, AL April 16, 2011. 81,812 Beyondsoft Consulting Inc., G.E.S. Division, Working On-Site at Hewlett Packard Boise, ID July 13, 2011. 81,830 Los Angeles Salad Company, R.E. Hana Enterprises, Personnel Plus City of Industry, CA July 25, 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 81,716 Pratt & Whitney, United Technologies, Global Supply Chain Materials Specialists, Bernd Group Middletown, CT June 12, 2011. 81,739 Hewlett-Packard Company, Design Delivery Organization, Manpower, Synova and Pinnacle Technical Corvallis, OR June 20, 2011. 81,827 Verizon Business Networks Services, Inc., Senior Analyst, Service Program Delivery (SA-SPD) Hilliard, OH July 20, 2011. 81,827A Verizon Business Networks Services, Inc., Senior Analyst, Service Program Delivery (SA-SPD) Ashburn, VA July 20, 2011. 81,827B Verizon Business Networks Services, Inc., Senior Analyst, Service Program Delivery (SA-SPD) Cary, NC July 20, 2011. 81,840 Sykes Enterprises, Incorporated, Langhorne 800 Division, Working off Site and Reporting To Langhorne, PA Langhorne, PA July 31, 2011. 81,851 Thermo Fisher Scientific, dba Fisher Hamilton Two Rivers, WI October 2, 2012. 81,851A Peer Technical Group, LLC, Working On-Site at Thermo Fisher Scientific, dba Fisher Hamilton Two Rivers, WI August 1, 2011. 81,851B Per Mar Security Services, Working On-Site at Thermo Fisher Scientific, dba Fisher Hamilton Two Rivers, WI August 1, 2011. 81,862 Brockway Mould, Inc., Ross International LTD Brockport, PA August 31, 2012. 81,953 Franklin Electric Company, Inc., Remedy Intelligent Staffing, Labor Ready and Drive Force, etc Oklahoma City, OK September 5, 2011. 81,954 Medimmune, LLC, Astra Zeneca, ABM Janitorial Services, Aerotek, Cisco Systems, etc Mountain View, CA September 5, 2011. 81,954A Medimmune, LLC, Astra Zeneca, ABM Janitorial Services, Aerotek, Cintas Corp., etc Santa Clara, CA September 5, 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 81,928 Q.E.P. Co. Inc., Harris Wood, Staff Pro Boca Raton, FL December 7, 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 81,814 Abound Solar, Inc., Aerotek Longmont, CO 81,814A Abound Solar, Inc Ft. Collins, CO 81,814B Abound Solar, Inc Loveland, CO 81,883 United Steelworkers Local 9477 Baltimore, MD 81,902 DanChem Technologies, Inc. (DTI), Plant 5 Danville, VA 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 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 81,916 Veolia ES Industrial Services, Inc Shreveport, LA 81,917 Automotive Quality Associates Shreveport, LA I hereby certify that the aforementioned determinations were issued during the period of September 17, 2012 through September 21, 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: September 25, 2012. Elliott S. Kushner, Certifying Officer, Office of Trade Adjustment Assistance . [FR Doc. 2012-24557 Filed 10-4-12; 8:45 am] BILLING CODE 4510-FN-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2012-24557. Public record. Not legal advice.