Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

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 December 17, 2012 through December 31, 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

82,158

Mohawk Industries, Inc., Backing Division

Waynesboro, VA

December 9, 2011.

82,224

Evraz Stratcor, Inc., Strategic Minerals Corporation

Hot Springs, AR

December 6, 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

82,005

Boston Scientific Corporation

Maple Grove, MN

September 25, 2011.

82,005A

Boston Scientific Corporation

Plymouth, MN

September 25, 2011.

82,123

Medtronic, Inc., Cardiac and Vascular Group, Excluding the Cardiac Rhythm Disease Mgmt, etc.

Mounds View, MN

October 31, 2011.

82,123A

Medtronic, Inc., Cardica and Vascular Group, Cardiac Rhythm Disease Mgmt. Op. Segment, etc.

Mounds View, MN

October 2, 2012.

82,149

Texon USA Inc., Texon International Group Limited

Russell, MA

October 4, 2011.

82,169

T-Systems North America, Inc.

Andover, MA

November 21, 2011.

82,170

TI Automotive, Ltd., FCS (Fluid Carrying System) Division, Elwood Staffing

Cynthiana, KY

November 21, 2011.

82,172

Nanya Technology Corporation Delaware, Nanya Technology Corporation-Taiwan

Houston, TX

November 26, 2011.

82,175

Philips Healthcare, MRI, Adecco

Highland Heights, OH

November 16, 2011.

82,186

Faurecia, Emissions Control Technologies, Express Employment & Manpower

Dexter, MO

January 26, 2013.

82,199

Regal Beloit Corporation, Springfield, Missouri Division, Penmac Personnel Services

Springfield, MO

November 30, 2011.

82,201

XOR Media, Formerly SeaChange International

Greenville, NH

December 3, 2011.

82,203

Huntingdon County Site, FCI USA, LLC, Americas Division, FCI SA, Manpower, Inc.

Mount Union, PA

January 23, 2012.

82,205

Thermo Electron North America, LLC, Thermo Fischer Scientific, Adecco and Aerotek

Madison, WI

December 4, 2011.

82,214

Kulicke & Soffa Industries, Aerotek and ITC, UI Wages Reported Through Orthodyne Electronics

Irvine, CA

December 11, 2012.

82,238

Dolby Laboratories, Inc., Manufacturing Division, Zerochaos and Modis

Brisbane, CA

December 10, 2011.

82,244

Philips Lighting, Philips Lightolier Division, Adecco

Wilmington, MA

December 10, 2011.

82,253

Cardinal Health, Financial Shared Services West, Aerotek, Excel Staffing and Experis Finance

Albuquerque, NM

December 13, 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)(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

82,118

Hanson Worldwide LLC

Spokane, WA

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

81,901

iPacesetters, LLC

Eau Claire, WI

82,095

Verizon Services Corporation, Customer Service Clerk, General Clerk

Clarksburg, WV

82,136

Peabody Indiana Services, LLC, Air Quality Mine, Custom Staffing Services

Vincennes, IN

82,138

Prudential Insurance Company of America, Prudential Annuities, Transfer of Assets Division

Dresher, PA

82,144

Electrolux Home Care Products Inc., Distribution Center

El Paso, TX

82,180

Comcast Cable, West Division Customer Care

Morgan Hill, CA

82,188

PNC Bank, National Association, Retail Bank

Franklin, PA

82,188A

PNC Bank, National Association, Retail Bank

West Chester, IL

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

82,062

Pemco World Air Services

Florence, KY

82,177

Tyco Electronics Corporation, TE Connectivity Ltd. Company

Middletown, PA

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

81,996

Novartis Pharmaceutical Corporation, Primary Care Business Unit (Sales) Division

Schaumberg, IL

82,130

Wurth Revcar Fasteners, Inc., Working on-site at Daimler Buses North America, Inc

Oriskany, NY

82,232

EEP Quality Group, Inc.

Syracuse, NY

I hereby certify that the aforementioned determinations were issued during the period of December 17, 2012 through December 31, 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: January 2, 2013.

Elliott S. Kushner,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2013-00338 Filed 1-9-13; 8:45 am]

BILLING CODE 4510-FN-P