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 9, 2013 through December 13, 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

83,030

J.R. Simplot, Food Group, BD Employment Solutions, Inc.

Nampa, ID

August 14, 2012.

83,030A

J.R. Simplot, Food Group, BBSI and American Staffing

Heyburn, ID

August 14, 2012.

83,030B

J.R. Simplot, Food Group, BBSI

Aberdeen, ID

August 14, 2012.

83,030C

J.R. Simplot, Food Group, BD Employment Solutions and Gem State Staffing

Caldwell, ID

August 14, 2012.

83,167

Flotation Technologies LLC, Manpower and Bonney Staffing

Biddeford, ME

October 23, 2012.

83,234

Keywell LLC

West Mifflin, PA

November 20, 2012.

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

83,082

DST Retirement Solutions, LLC

Kansas City, MO

September 13, 2012.

83,090

IBM Corporation, Global Business Services, Sector Support Specialists Group

Endicott, NY

September 17, 2012.

83,100

Oakley Manufacturing, Oakley, Inc., Luxottica, U.S. Holdings Corporation, Alar and Aerotek

Foothill Ranch, CA

September 19, 2012.

83,146

Toho Tenax America, Inc., Alternate Staffing, Account Temps and Randstad Staffing

Rockwood, TN

October 3, 2012.

83,158

NCR

Bentonville, AR

October 7, 2012.

83,183

Page 1 Solutions, LLC, Website Development, Search Engine Optimization and Pay Per Click Dept.

Golden, CO

October 28, 2012.

83,186

Ruskin Company, Air Distribution Technologies, Inc., Personnel Temporary, Extras Support

Fairmont, WV

October 30, 2012.

83,192

Osram Sylvania, Inc.

Wellsboro, PA

October 21, 2012.

83,199

Northeast Utilities Service Company, Information Technology Division, IBM, Infosys, The Ergonomic Group, etc.

Berlin, CT

November 5, 2012.

83,210

KCI USA, Inc., Teksystems, Modis

San Antonio, TX

November 7, 2012.

83,210A

KCI USA, Inc.

Charlotte, NC

November 7, 2012.

83,210B

KCI USA, Inc.

Dillon, MT

November 7, 2012.

83,244

Inalfa Roof Systems Grand Blanc, Inalfa Roof Systems, Inc., Aerotek and Sentech

Holly, MI

November 25, 2012.

83,246

Computershare Inc., Edison Call Center, Express Employment Professionals and Northpointe, etc.

Edison, NJ

November 26, 2012.

83,247

AVX Corporation, Kyocera Group Company, IHT Staffing and Huff Consulting

Myrtle Beach, SC

February 4, 2014.

83,247A

AVX Corporation, Kyocera Group Company

Conway, SC

February 4, 2014.

83,247B

South Coast Networks, Working On-Site at AVX Corporation, Kyocera Group Company

Myrtle Beach, SC

November 20, 2012.

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

83,198

IPS Operations, Hewlett Packard

Sandston, VA

November 4, 2012.

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

83,125

Acushnet Company

New Bedford, MA

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

83,195

Kimball Electronics, Inc., Kimball Electronics Group, Inc., Jasper Division, Spartan Staffing

Jasper, IN

83,221

State Industries, LLC

Eugene, OR

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

83,048

Goldman Sachs & Company, Operations Division, Asset Staffing, Control Associates/Constantin, etc.

New York, NY

83,102

Pearl Pressman Liberty Communications Group, Inc.

Philadelphia, PA

83,106

Janesville Acoustics, Jason Incorporated, Nesco LLC

Norwalk, OH

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 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

83,239

Fenton Gift Shops, Inc.

Williamstown, WV

The following determinations terminating investigations were issued because the petitions are the subject of ongoing investigations under petitions filed earlier covering the same petitioners.

TA-W No.

Subject firm

Location

Impact date

83,280

Ocwen Loan Servicing, LLC, Ocwen Financial Corporation

Fort Washington, PA

I hereby certify that the aforementioned determinations were issued during the period of December 9, 2013 through December 13, 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.

Signed at Washington, DC, this 23rd day of December 2013.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2014-00185 Filed 1-9-14; 8:45 am]

BILLING CODE 4510-FN-P