Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

Federal RegisterNov 27, 2015

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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

October 26, 2015 through November 6, 2015.

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 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(b) 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(e) 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) not withstanding 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

85,122

Bimbo Bakeries, USA, Inc., BBU, Inc., Earthgrains Baking Companies, Inc.

Wichita, KS

March 5, 2013.

85,197

Bimbo Bakeries, USA, Inc., BBU, Inc., Orograin Bakeries Manufacturing, Inc.

Bay Shore, NY

April 1, 2013.

85,864

Derwich Industries, Inc.

Grayling, MI

March 6, 2014.

86,047

Republic Steel, Cold-Finished Division

Gary, IN

May 29, 2014.

90,059

Radiant Thermal Products Inc.

Roselle, NJ

January 1, 2014.

90,212

Verso Corporation, Androscoggin Mill, Verso Paper, LLC, Elite Staffing

Jay, ME

January 1, 2014.

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

85,003

Warner Brothers Home Entertainment Inc., Warner Home Video Division, Randstad US, Pacific Tech, DLC

Burbank, CA

January 3, 2013.

85,048

British Telecommunications, British Telecommunications Voice Telecommunications, Voice and Change Mgt.

Princeton, NJ

January 31, 2013.

85,182

M*Modal Services, Ltd., Medquist

Franklin, TN

March 30, 2014.

85,744

Kroll Factual Data, Inc., Kroll Inc., Manpower, Aerotek, Appleone

Loveland, CO

December 19, 2013.

85,858

Transcend Services, Inc., Nuance Communications, Inc.

Atlanta, GA

February 25, 2014.

85,858A

Transcend Services, Inc., Nuance Communications, Inc.

Burlington, MA

February 25, 2014.

85,999

Carlson Craft, The Occasions Group, Volt Workforce Solutions, and Spherion

North Mankato, MN

May 7, 2014.

86,058

Merkle Inc., Merkle Group Inc.

Montvale, NJ

June 2, 2014.

90,018

Eaton Corporation, Bartech Group

Watertown, WI

January 1, 2014.

90,019

East Wind Code, Ltd., East Wind Code, Ltd., Vivienne Tam

New York, NY

January 1, 2014.

90,034

Agfa Corporation

City of Industry, CA

January 1, 2014.

90,035

Airtex Products L.P., Airtex Industries, LLC, UCI-Airtex Holdings, Inc., Manpower

Fairfield, IL

December 25, 2015.

90,067

Frutarom USA Inc.

North Bergen, NJ

January 1, 2014.

90,077

DENTSPLY International Inc., Corporate Division, Addeco, JFC Global, Accountemps

York, PA

January 1, 2014.

90,086

American Express Travel Related Services Company, Inc., Global Credit Administration (GCA), Global Fraud Protection Services, etc.

Salt Lake City, UT

January 1, 2014.

90,102

Apex Tool Group, LLC, Kelly Services, Inc., CPS Professionals

Cortland, NY

January 1, 2014.

90,109

Echo Bay Minerals Company, Kinross Gold Corporation, Spring Clean, Stotts Construction, Inc., etc.

Republic, WA

January 1, 2014.

90,112

Mondelez Global LLC, Integrated Supply Chain Division, Mondelez International, Fayette Industrial

Chicago, IL

January 1, 2014.

90,120

Kelly-Smith Printing & Paper

Newport, ME

January 1, 2014.

90,133

Eastland Shoe Corporation, Labor Ready and Bonney Staffing

Freeport, ME

January 1, 2014.

90,137

CyOptics, Inc., Avago Technologies Limited, Laser Package Department, Aerotek, etc.

Breinigsville, PA

January 1, 2014.

90,152

Micro Pneumatic Logic, Inc., MFG., Affinity Resources, LLC

Pompano Beach, FL

January 1, 2014.

90,173

Diamond Power International, Inc., Diamond Power Specialty Company, Babcock; Wilcox Company

Lancaster, OH

January 1, 2014.

90,176

National Captioning Institute, Inc., Spanish Real-Time Captioning

Dallas, TX

January 1, 2014.

90,218

Legend3D, Inc.

Carlsbad, CA

January 1, 2014.

90,235

Parker Hannifin Corporation (Fontana Location), Medical Systems Division, Workforce Solutions, Office Team

Fontana, CA

January 1, 2014.

90,243

Gildan Garments, Inc., Gildan Activewear, Inc., Comfort Colors by Chouinard, Kelly Services, Inc.

Northfield, VT

January 1, 2014.

90,251

Caterpillar, Inc., Large Power Systems Division, A to Z Sheet Metal, Inc., etc.

Lafayette, IN

January 1, 2014.

90,258

Rexton, Sivantos, Inc.

Plymouth, MN

January 1, 2014.

90,334

Cummins Filtration, Cummins Inc., Apollo Security

Lake Mills, IA

October 25, 2015.

91,000

TitanX Engine Cooling

Jamestown, NY

September 21, 2014.

91,002

Newell Rubbermaid, Inc., Na-Newekk Rubbermaid, Human American Data Center, Huges Resources

Freeport, IL

September 28, 2014.

The following certifications have been issued. The requirements of section 222(b) (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

90,095

Green Diamond Resource Company, Manpower

Shelton, WA

January 1, 2014.

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) and (b)(1) (employment decline or threat of separation) of section 222 has not been met.

TA-W No.

Subject firm

Location

Impact date

85,089

Bank of America, Global Technology Trading Support

San Jose, CA.

86,007

Goldwin America, Inc., Goldwin, Inc., Sales and Marketing Unit

Manhattan Beach, CA.

90,091

Industrial Television Services, Inc., General Edward Lawrence Logan International Airport

Boston, MA.

90,301

Kennedy Consulting, Inc

Eagle River, AK.

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

85,208

Lockheed Martin Ship and Aviation Systems, Lockheed Martin Mission Systems and Training, DCR Workforce

Akron, OH.

85,513

Heartland Footwear, Inc.

Pocahontas, AR.

85,737

Quantum Foods, LLC, Rosa Mystica Enterprises, LLC

Bolingbrook, IL.

85,982

Bosch Security Systems, Inc., Security Technology North America, Aerotek

Lancaster, PA.

86,009

Desta Drilling LP

Odessa, TX.

86,078

Best Well Services, LLC

Tulsa, OK.

86,078A

Best Well Services, LLC

Guthrie, OK.

90,044

First Manufacturing Company, Inc., Labor Ready and Essex Temp

Oceanside, NY.

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

85,929

International Business Machines (IBM), GTS Mobility Services (Desk Side Support), 07 (GTS)

Endicott, NY.

90,126

Sealed Air Corporation

Greenville, SC.

90,222

Telesource Services, LLC

Bensenville, IL.

90,223

Telesource Services, LLC

Pontiac, MI.

91,020

East Wind Code LTD

New York, NY.

The following determinations terminating investigations were issued in cases where these petitions were not filed in accordance with the requirements of 29 CFR 90.11. Every petition filed by workers must be signed by at least three individuals of the petitioning worker group. Petitioners separated more than one year prior to the date of the petition cannot be covered under a certification of a petition under section 223(b), and therefore, may not be part of a petitioning worker group. For one or more of these reasons, these petitions were deemed invalid.

TA-W No.

Subject firm

Location

Impact date

86,079

Airboss Defense Inc.

Milton, VT.

90,144

Arvato Digital Services

Reno, NV.

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

85,617

Day&Zimmermann, Inc., Kansas Division

Parsons, KS.

91,058

Transcend Services, Inc., Nuance Communications, Inc

Atlanta, GA.

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

90,205

Lenovo

Morrisville, NC.

90,274

Legacy Measurement Solutions, Inc., Express Employment Professionals

Bristow, OK.

91,035

Mitsubishi Motors North America, Inc

Normal, IL.

I hereby certify that the aforementioned determinations were issued during the period of

October 26, 2015 through November 6, 2015.

These determinations are available on the Department's Web site

www.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 November 2015.

Jessica R. Webster,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2015-30180 Filed 11-25-15; 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.

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