Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

Federal RegisterFeb 21, 2012

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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 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.

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