Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
Federal RegisterAug 4, 2016
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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
June 27, 2016 through July 8, 2016.
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
90,043
Polyfusion Electronics, Inc., Durham Staffing, Inc
Lancaster, NY
January 1, 2014.
90,063
Oerlikon Fairfield, OC, Oerlikon Corporation AG
Lafayette, IN
March 27, 2015.
91,278
Jewel Acquisition, LLC, ATI Flat Rolled Products Midland Operations, Allegheny Technologies, etc
Midland, PA
January 4, 2015.
91,539
Genpact, LLC—Farmington Hills Office, Genpact International, Inc., Kelly Services, Inc
Farmington Hills, MI
March 2, 2015.
91,822
GatewayCDI Inc. DBA Brand Addition, Express Services, Inc.; Kforce Professional Staffing, and Keystone
St. Louis, MO
May 18, 2015.
91,951
Noranda Alumina, LLC, Noranda Aluminum Holding Corporation, DMI Contractors, Inc
Gramercy, LA
June 21, 2015.
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
91,031
Vestas American Wind Technology, Vestas Wind Systems A/S, General Ledger and Accounts Payable Departments
Portland, OR
October 6, 2014.
91,441
Sealed Air Corporation (US), Cryovac, Inc., Sealed Air Corporation, Phillips Staffing, Robert Half, etc
Duncan, SC
August 7, 2015.
91,441A
Sealed Air Corporation (US), Cryovac, Inc., Sealed Air Corporation, Phillips Staffing
Greenville, SC
February 4, 2015.
91,441B
Sealed Air Corporation (US), Cryovac, Inc., Sealed Air Corporation
Danbury, CT
February 4, 2015.
91,566
UBS Financial Services, Inc., Group Operations, Account Opening Division
Weehawken, NJ
March 8, 2015.
91,604
Dairy Farmers of America, Inc
Springfield, MO
March 17, 2015.
91,718
ITW Medical Division, ITW (Illinois Tool Works), SEEK Careers/Staffing, Inc
Sheboygan, WI
April 18, 2015.
91,728
Bank of America, Consumer Sourcing Division
Chandler, AZ
April 21, 2015.
91,754
QBE North Americas, INC., QBE Holdings, Inc
Bellevue, WA
April 27, 2015.
91,771
QBE North Americas, Inc., QBE Holdings, Inc
Jacksonville, FL
May 3, 2015.
91,789
Genpact, LLC, Finance Department, Genpact International, Inc., Manpower
Parsippany, NJ
May 9, 2015.
91,808
Resolute Forest Products Augusta LLC, Augusta Staffing
Augusta, GA
May 12, 2015.
91,838
Crawford & Company, Information and Communications Technology Division
Sunrise, FL
May 23, 2015.
91,839
Crawford & Company, Information and Communications Technology Division
Lake Zurich, IL
May 25, 2015.
91,840
Crawford & Company, Information and Communications Technology Division
Atlanta, GA
May 25, 2015.
91,868
Hewlett Packard, Inc., Global Indirect Procurement Division
Vancouver, WA
May 26, 2015.
91,888
T-Systems North America, Inc., Deutsche Telekom, Aptuity, Finezi, ICON, Pinnacle, Recruit 121, etc
Tempe, AZ
June 7, 2015.
91,889
Siemens Corporate, IT Americas Division
Buffalo Grove, IL
May 12, 2015.
91,892
CDK Global, LLC, Aerotek/Teksystems, Apex Systems, Inc., Edgelink, LLC, etc
Portland, OR
June 8, 2015.
91,896
Smilebox, Inc., Incredimail, Inc., Accountemps, Aim Consulting, Arper & CO, etc
Redmond, WA
June 8, 2015.
91,905
Hodges Trucking Company, LLC, Rodan Transport (U.S.A.) Ltd, Office Administration Division
Oklahoma City, OK
June 9, 2015.
91,914
Ocwen Loan Servicing, LLC, Kelly Vendor Management Services, Ocwen Financial Corporation
West Palm Beach, FL
June 10, 2015.
91,914A
Ocwen Loan Servicing, LLC, Ocwen Financial Corporation
Coppell, TX
April 25, 2015.
91,914B
Kelly Vendor Management Services, Ocwen Loan Servicing, LLC
Coppell, TX
June 10, 2015.
91,929
Sandvik, Inc., Sandvik Coromant, Sandvik AB, Complete Staffing Services, Inc., etc
Stafford, TX
June 16, 2015.
91,939
Graphic Packaging International Inc
Menasha, WI
June 20, 2015.
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
91,296
Tritec of Minnesota, Inc
Virginia, MN
January 6, 2015.
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
90,232
International Business Machines (IBM), Management Consulting Digital Operations, Global Business Services
Glendale, CA
90,238
BIC Corporation, BIC Fuel Cell Project, Kelly Services
Milford, CT
90,240
ABB, Inc., High Voltage Service Division, Pontoon Solutions
Greensburg, 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
91,097
Toyota Auto Body California (TABC), Inc., TABC Holding, Aerotek Services
Long Beach, CA
91,253
Cast Corporation
Hibbing, MN
91,414
Keywell Metals LLC, FKA SGK Ventures (FKA Keywell LLC)
Falconer, 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
90,007
Swiss International Airlines Ltd
East Meadow, NY
91,213
Superior Rock Bit Company
Virginia, MN
91,269
Dom-Ex, Inc., H-E Parts International
Hibbing, MN
91,269A
Crown Parts & Machine, Inc., H-E Parts International, Mining Solutions
Hibbing, MN
91,447
National OilWell Varco L.P., Nov Hydra Rig
Duncan, OK
91,724
Newpark Drilling Fluids LLC, North America Region, AIP Inc., and Upstream Fluid Consultants, LLC
Katy, TX
91,785
Campbell Global, LLC, OMAM, Inc.
Fort Bragg, CA
91,842
Hewlett Packard Enterprise, f/k/a Hewlett Packard Corporation, ES EUWS AMS ITO-CITI Support Unit
Jersey City, NJ
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
91,705
D+H USA Corp/Harland Financial Solutions, Inc.
Portland, OR
91,749
Premise Health
Brentwood, TN
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
91,742
General Electric Company, D/B/A GE Capacitor and Power Quality Products, Energy Connections Division
Fort Edward, NY
91,833
EMC Corporation, Disk Library for Mainframe (DLM) Division
Hopkinton, MA
I hereby certify that the aforementioned determinations were issued during the period of
June 27, 2016 through July 8, 2016.
These determinations are available on the Department's Web site
https://www.doleta.gov/tradeact/taa/taa_search_form.cfm
under the searchable listing determinations or by calling the Office of Trade Adjustment Assistance toll free at 888-365-6822.
Signed at Washington, DC, this 14th day of July 2016.
Jessica R. Webster,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2016-18411 Filed 8-3-16; 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.