Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Federal RegisterFeb 24, 2014
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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 27, 2014 through January 31, 2014.
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
83,144
Dallco Industries, Inc.
York, PA
October 1, 2012.
83,144A
Dallco Industries, Inc.
Rockhill Furnace, PA
October 1, 2012.
83,170
Ball Container LLC, Metal Beverage Packaging Division
Gainesville, FL
October 24, 2012.
83,319
Viatech Publishing Solutions, Inc
Springfield, MO
December 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
83,104
Rhythm and Hues Studios
El Segundo, CA
September 23, 2012.
83,179
Gamesa Technology Corporation, A & A Wind, ABB, Inc., Airway, Amerisafe, Apex, Avanti, Broadwind, etc
Trevose, PA
October 29, 2012.
83,179A
Gamesa Technology Corporation, Sunstates, Clean Net, Accurate Forklift, Taylor, Cargo Tech
Fairless Hills, PA
October 29, 2012.
83,201
Autosplice, Inc.
San Diego, CA
November 5, 2012.
83,256
IBM Corporation, GSMRT Development, Test and Tech Support Team, Global Technology, Artech
Boulder, CO
December 2, 2012.
83,287
Mosaic USA LLC, Potash Division, CoStaff Services
Hersey, MI
December 11, 2012.
83,301
UnitedHealth Group, Inc., Business Process Quality Management Department, Claim Quality Area
Hooksett, NH
December 9, 2012.
83,301A
UnitedHealth Group, Inc., Business Process Quality Management Department, Claim Quality Area
Trumbull, CT
December 9, 2012.
83,312
Eaton Corporation, Cooper Power Systems, Power Delivery Division
Olean, NY
December 18, 2012.
83,320
FIS Management Services, LLC, FIS, Adecco, USA, Aerotek, Extension, Insync, Manpower, Randstad
Milwaukee, WI
December 20, 2012.
83,342
Citibank, N.A., Citigroup, Inc., Global Consumer Retail Banking, Rainbow, Deployment, etc
Long Island City, NY
December 27, 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
83,347
Koppers Inc., Carbon Materials and Chemicals Division
Follansbee, WV
December 30, 2012.
The following certifications have been issued. The requirements of Section 222(f) (firms identified by the International Trade Commission) of the Trade Act have been met.
TA-W No.
Subject firm
Location
Impact date
83,325
Broadwind Towers, Inc., Advantage Staffing and SOS Staffing
Abilene, TX
February 13, 2012.
83,338
Broadwind Energy, Inc., Flex Staff, Inc.
Manitowoc, WI
February 13, 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
83,275
St. Louis Post-Dispatch, LLC, Prepress Graphic Design Division, Enterprises, Inc.
St. Louis, MO
83,326
Advance Tabco
Edgewood, NY
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
83,277
FLSmidth, Inc., Customer Services Division, Allied Personnel Services, Peak Technical
Bethlehem, PA
83,296
Berry Plastics Corporation, Sedona Staffing
Alsip, IL
I hereby certify that the aforementioned determinations were issued during the period of
January 27, 2014 through January 31, 2014.
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 10th day of February 2014.
Hope D. Kinglock,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-03839 Filed 2-21-14; 8:45 am]
BILLING CODE 4510-FN-P
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.