# 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%3A2014-00185 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** January 10, 2014 - **Citation:** 79 FR 1893 ## 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 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2014-00185. Public record. Not legal advice.