# 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%3A2012-31664 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** January 4, 2013 - **Citation:** 78 FR 771 ## 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 November 26, 2012 through November 30, 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 81,898 Color Service, Inc Monterey Park, CA August 15, 2011. 82,047 Ormet Primary Aluminum Corporation, I.C. Staffing Solutions LLC and Winans Services Hannibal, OH October 22, 2012. 82,067 Dal-Tile Corporation, Mohawk Industries, Inc Olean, NY October 9, 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 82,014 HCL America Inc., On-Site at Advanstar Communications, Inc., HCL Technologies Limited Duluth, MN September 26, 2011. 82,076 Manitowoc Foodservice, Lincoln Foodservice Division, Mantowoc Company Fort Wayne, IN June 9, 2012. 82,076A Leased Workers from Aerotek and Top Echelon Network, Mantowoc Foodservice, Lincoln Foodservices Division Fort Wayne, IN October 12, 2011. 82,079 WellPoint Inc., Anthem Blue Cross Blue Shield, Virginia Local Claims Division Richmond, VA October 12, 2011. 82,079A WellPoint Inc., Anthem Blue Cross Blue Shield, Virginia Local Claims Division Roanoke, VA October 12, 2011. 82,088 Deloitte Tax LLP, Deloitte LLP Los Angeles, CA October 16, 2011. 82,089 Billings Gazette, Lee Enterprises, Inc Billings, MT October 15, 2011. 82,131 Newell Operating Company dba Ashland Hardware, Newell Rubermaid, Inc., Manpower, Spartan Staffing and Adecco Lowell, IN November 5, 2011. 82,134 United Chemi-Con, Inc., Nippon Chemi-Com Corp., Kelly Temporary Services, Industrial Pipe, etc Lansing, NC November 6, 2011. 82,140 Comcast Cable, West Division Customer Care Livermore, CA October 11, 2011. 82,141 Kontron America, Inc., CPBU Division, Additional Contract Services and Johnson Services Group Columbia, SC November 8, 2011. 82,148 Texas Instruments Incorporated, HFAB sand HBUMP Manufacturing and Testing, Volt Workforce Solutions Stafford, TX November 9, 2011. 82,161 Remington Medical, Inc., Ranstad, Express Personnel, Global Employment and Hire Dynamics Alpharetta, GA November 15, 2011. 82,163 Delphi Connection Systems US, Inc., Delphi Corporation, Manpower, UI/Wages FCI Automotive USA, Inc Mount Union, PA January 23, 2012. 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 81,950 Fortis Plastics, LLC Wilmington, OH September 6, 2011. 82,099 Air Products and Chemicals Inc Sparrows Point, MD October 18, 2011. 82,127 Esteves Group, LLC—South Division Randleman, NC October 30, 2011. 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 81,891 Sheridan Books, Inc. Chelsea, MI 81,963 Alternative Petroleum Technologies, Eco Energy Solutions Reno, NV 81,965 Melco Engraving, Inc. Rochester Hills, MI 81,975 Xerox Corporation, Solid Ink Development Group, Global Technology Development Group Wilsonville, OR I hereby certify that the aforementioned determinations were issued during the period of November 26, 2012 through November 30, 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: December 4, 2012. Elliott S. Kushner, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2012-31664 Filed 1-3-13; 8:45 am] BILLING CODE 4510-FN-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2012-31664. Public record. Not legal advice.