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 January 7, 2013 through January 11, 2013.

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

82,129

Boise White Paper, LLC, Boise Paper Holdings, LLC, Guardsmark Security, Warner Enterprises, etc

St. Helens, OR

November 2, 2011.

82,184

KCA Alamosa Sewing

Alamosa, CO

November 27, 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

82,194

Husky Injection Molding Systems, Inc., Buffalo Spare Parts Division, Selective Staffing, Aerotek Staffing

Buffalo, NY

November 27, 2011.

82,206

The Nielsen Company (US), LLC, A.C. Nielsen Company, LLC, Including On-Site Leased Workers From Adecco

Green Bay, WI

December 4, 2011.

82,206A

The Nielsen Company (US), LLC, A.C. Nielsen Company, LLC, Including On-Site Leased Workers From Adecco

Fond du Lac, WI

December 4, 2011.

82,240

Allesee Orthodontic Appliances (AOA)—Calexico

Calexico, CA

December 11, 2011.

82,243

Leach International, Esterline Technologies

Buena Park, CA

August 14, 2012.

82,243A

Leased Workers From Staffmark, Leach International, Esterline Technologies

Buena Park, CA

December 11, 2011.

82,269

Federal-Mogul Corporation, Vehicle Component Solutions Division, Kelly Services

Smithville, TN

December 18, 2011.

82,269A

Leased Workers From Seatoncorp, Working On-Site at Federal-Mogul Corporation, Vehicle Component Solutions D

Smithville, TN

December 18, 2011.

82,280

Tri-Tronics, Inc, Garmin Ltd, Aerotek

Tucson, AZ

December 17, 2011.

82,293

Fiserv, POD Recon Department

Walnut, CA

December 21, 2011.

82,300

UBS Financial Services, Inc, Wealth Management Americas, Leafstone

Weehawken, NJ

December 27, 2011.

82,301

UTC Climate Controls & Security (Carrier), Americas Division

Tyler, TX

February 19, 2013.

82,301A

UTC Climate Controls & Security (Carrier), Americas Division

Tyler, TX

December 27, 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

82,156

Johnstown Specialty Castings, Inc., Whemco

Johnstown, PA.

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

82,112

Rockwell Collins, Inc., Commercial Systems, On-site Leased Workers From Allegis Group Services

Cedar Rapids, IA

October 25, 2011.

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

82,096

ThyssenKrupp Access Manufacturing LCC

Roanoke, IL.

82,197

Delta Air Lines, Inc., Reservation Sales and Customer Care Call Center

Seatac, WA.

82,197A

Delta Air Lines, Inc., Reservation Sales and Customer Care Call Center

Sioux City, IA

82,216

PCCW Teleservices (US), Inc.

Quincy, 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

82,281

Gamesa Technology Corporation, Fiberblade, LLC

Ebensburg, 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

82,295

Radisys Corporation

San Diego, CA.

I hereby certify that the aforementioned determinations were issued during the period of January 7, 2013 through January 11, 2013. 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 15, 2013.

Elliott S. Kushner,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2013-02543 Filed 2-5-13; 8:45 am]

BILLING CODE 4510-FN-P