Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Federal RegisterFeb 21, 2012
Ask Donna
What actually matters in this document.
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 January 30, 2012 through February 3, 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
80,456
Woodinville Lumber, Inc
Woodinville, WA
September 15, 2010.
80,530
The Timken Company, Altavista Bearing Plant, 2M, PIC and Adecco
Altavista, VA
October 18, 2010.
81,015
Pageland Screen Printers, Inc
Pageland, SC
February 13, 2010.
81,020
Turner & Seymour Manufacturing Company
Torrington, CT
February 13, 2010.
81,021
Bayer Cropscience, LP, Leased Workers: Jacobs PSG, Middough Assoc, Adecco, CDI, Becht, etc
Institute, WV
February 13, 2010.
81,022
Apex Tool Group, Campbell Chain Division; On-site Leased Workers from Adecco
York, PA
February 13, 2010.
81,060
Rodney Hunt Company
Orange, MA
February 13, 2010.
81,073
RadiciSpandex Corporation
Tuscaloosa, AL
February 13, 2010.
81,073A
RadiciSpandex Corporation
Gastonia, NC
February 13, 2010.
81,114
PlumChoice, Inc., Balance Staffing and Insight Global Staffing
Scarborough, ME
February 13, 2010.
81,167
American Lighting Fixture Corporation, d/b/a Wilshire Manufacturing
Taunton, MA
February 13, 2010.
81,196
Microfibres, Inc., Rhode Island Operations Division
Pawtucket, RI
November 5, 2011.
81,197
Hanes Dye & Finishing Company, Butner, Branch 0314, Hanes Co., Leggett & Platt, Hal Muetzel-Express, etc
Butner, NC
September 12, 2010.
81,200
Wausau Paper, Brokaw Mill (Including On-Site Leased Workers from ABR Employment Services)
Brokaw, WI
February 13, 2010.
81,212
Sunshine 368, Inc
Corona, NY
February 13, 2010.
81,214
Peninsula Plywood Group, LLC
Port Angeles, WA
February 13, 2010.
81,221
J&M Manufacturing
El Paso, TX
February 13, 2010.
81,233
Clarcor Air Filtration Products
Campbellsville, KY
October 7, 2011.
81,248
Burke Hosiery Mills, Inc
Hickory, NC
February 19, 2012.
81,260
Cinram Distribution, LLC, Cinram International Income Fund; Good People
Aurora, IL
January 20, 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
80,371
PAETEC, f/k/a Cavalier Telephone; Palm Harbor Division
Palm Harbor, FL
August 12, 2010.
80,439
Yahoo! Inc
Hillsboro, OR
September 15, 2010.
80,502
Lexis Nexis, Quality & Metrics Division
Miamisburg, OH
October 6, 2010.
81,166
AVX Corporation, Myrtle Beach Complex
Myrtle Beach, SC
January 6, 2012.
81,166A
AVX Corporation, Myrtle Beach Complex, IHT and Huff Consulting
Conway, SC
January 6, 2012.
81,174
Charles Navasky & Co., Inc., d/b/a Don Mart Clothes, Inc
Philipsburg, PA
February 13, 2010.
81,181
Bosch Security Systems, Inc
Morrilton, AR
February 13, 2010.
81,195
Boston Scientific
Miami, FL
February 27, 2012.
81,202
TE Connectivity, Medical Division Customer Service Unit
Wilsonville, OR
February 13, 2010.
81,209
Aplegen, Inc., Including workers whose wages were reported thru TriNet
Goleta, CA
February 13, 2010.
81,220
Aetna International, Inc., Aetna Global Benefits, Including on-site leased workers from ProcureStaff
Tampa, FL
February 13, 2010.
81,230
ExpressPoint Technology Services, Inc., Operations Division, Ajilon Staffing, Aerotek Staffing and Kelly Services
Minneapolis, MN
February 13, 2010.
81,232
Image Scan, LLC, TE Connectivity
East Providence, RI
February 13, 2010.
81,235
Danfoss , LLC
Arkadelphia, AR
September 25, 2011.
81,241
Flextronics America LLC
Charlotte, NC
July 1, 2011.
81,244
International Business Machines (IBM) Corporation, Systems & Technology, Systems Software Development, Z/OS Applications, etc
Poughkeepsie, NY
February 13, 2010.
81,246
Peacehealth St. Joseph Medical Centers, Whatcom Region, Transcription Services Division
Bellingham, WA
February 13, 2010.
81,258
DTC Communications, Inc., Subsidiary of Cobham Survelliance
Nashua, NH
February 13, 2010.
81,266
Wells Manufacturing, L.P
Fond du Lac, WI
January 24, 2011.
81,267
Kimball Electronics Tampa, Inc., Kimball Electronics, Inc
Tampa, FL
January 25, 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
81,210
Verso Paper Corporation
Sartell, MN
February 13, 2010.
81,238
Westark Diversified Enterprises, Whirlpool Cost Center
Van Buren, AR
February 13, 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
81,134
Bosley, Inc. f.k.a. Bosley Medical Institute
Beverly Hills, CA
81,154
Automotive Components Holdings, LLC
Sandusky, OH
81,154A
Automotive Components Holdings
Bellevue, OH
The investigation revealed that the criteria under paragraphs (a)(2)(A)(i) (decline in sales or production, or both) 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
81,152
Bristol Compressors International, Inc
Bristol, VA
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
80,457
Northpoint Precision, Inc., Northpoint Holding Corporation
Manistee, MI
80,459
Roseburg Forest Products, Composite Panels Division
Missoula, MT
80,485
RR Donnelley, Inc., Including On-Site Leased Workers From Manpower & Kelly Services
Bloomsburg, PA
81,096
Quibids Holdings, LLC
Oklahoma City, OK
81,124
Asheville Drafting Services, Inc
Asheville, NC
81,172
Dominion Energy New England, LLC
Salem, MA
81,172A
Dominion Energy New England, LLC
Somerset, MA
81,205
Lakeshore Visiting Physicians
Edmore, 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 because the petitioner has requested that the petition be withdrawn.
TA-W No.
Subject firm
Location
Impact date
81,112
MMICMAN
Clearwater, FL
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
81,188
Shreveport Ramp Services, LLC
Shreveport, LA
I hereby certify that the aforementioned determinations were issued during the period of
January 30, 2012 through February 3, 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: February 9, 2012.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-3924 Filed 2-17-12; 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.