# 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%3A2013-00100 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** January 8, 2013 - **Citation:** 78 FR 1253 ## 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 13, 2012 through November 16, 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)(B) (shift in production or services) of the Trade Act have been met. TA-W No. Subject firm Location Impact date 81,952 American Airlines, Dallas-FT. Worth International Airport, Aerotek, Cornerstone RPC, etc DFW International Airport, TX September 6, 2011. 81,990 American Airlines, Tulsa International Airport, Aerotek, Cornerstone Staff, RPC Staffing, etc Tulsa, OK September 19, 2011. 81,999 Ferrara Candy Company, Inc., Formerly Known as Farley's & Sathers Candy Company, Inc Round Lake, MN August 13, 2012. 81,999A Ferrara Candy Company, Inc., Formerly Known as Farley's & Sathers Candy Company, Inc Chicago, IL September 21, 2011. 82,018 American Airlines, Alliance Maintenance Base, Aerotek, Cornerstone, RPC, Henderson, etc Fort Worth, TX September 26, 2011. 82,034 DB Hedgeworks, LLC, Deutsche Bank, AG, Advantage Professional Santa Ana, CA October 2, 2011. 82,069 UTC Aerospace Systems, fka Hamilton Sundstrand, Air Management Systems Division Windsor Locks, CT October 9, 2011. 82,094 Anthem Insurance Companies, Inc., Wellpoint, Inc., Bluecard Home Claims Operations Division Cape Girardeau, MO June 9, 2012. 82,094A Anthem Insurance Companies, Inc., Wellpoint, Inc., Group Claims Operations Division Springfield, MO June 9, 2012. 82,094B Anthem Insurance Companies, Wellpoint, Inc., Group Claims Operations Division Platteville, WI June 9, 2012. 82,094C Anthem Insurance Companies, Inc., Wellpoint, Inc., Enrollment and Billing Division Cape Girardeau, MO June 9, 2012. 82,098 Choice Hotels International, Inc., Call Center Operations Grand Junction, CO October 18, 2011. 82,103 American Airlines, O'Hare International Airport, Aerotek, Cornerstone, RPC, Henderson, Johnson Chicago, IL October 18, 2011. 82,115 Cinch Connectors, Inc., Belfuse, Express Personnel Services, and Penmac Personnel Services Vinita, OK October 29, 2011. 82,116 Heraeus Kulzer, LLC, People Link Staffing and Forge Staffing South Bend, IN October 30, 2011. 82,120 Welch Allyn Inc., Finance Department, Kelly Services and Contemporary Personnel Skaneateles Falls, NY October 31, 2011. 82,126 Covidien Plc, Cash Application and Invoice Adjustments Department, Kelly Services Mansfield, MA November 1, 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 82,024 Thermo King Corporation, Ingersoll-Rand, Manpower and Aerotek Professional Services Louisville, GA October 1, 2011. 82,031 Kinder Morgan Bulk Terminals, Inc., 1575 Sparrows Point Boulevard, Baltimore, MD, 21219 Baltimore, MD September 28, 2011. 82,114 BRP US, Inc., Bombardier Recreational Products, Outboard Engine Division, Manpower Spruce Pine, NC October 31, 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 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 82,104 Kohler Company Kohler, WI 82,104A Sauk Technologies, Generator Division Saukville, WI 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 82,109 ArcelorMittal Georgetown, Inc., ArcelorMittal USA Georgetown, SC 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 82,107 Sub-Zero Group, Inc., UI Wages Through Sub-Zero, Inc. & Wolf Appliances, Inc Madison, WI I hereby certify that the aforementioned determinations were issued during the period of November 13, 2012 through November 16, 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: November 26, 2012. Elliott S. Kushner, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013-00100 Filed 1-7-13; 8:45 am] BILLING CODE 4510-FN-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2013-00100. Public record. Not legal advice.